Ndoye v. William P. Joyce
Mamadou Bocoum Ndoye v. William P. Joyce, in his official capacity as Deputy Field Office Director of New York, Immigration and Customs Enforcement; Kristi Noem, in her official capacity as Secretary of Homeland Security; and Pamela Bondi, in her official capacity as Attorney General of the United States
- Vernon Broderick
- 1:25-cv-08856
- U.S. District Court · Southern District of New York
- 2
In Mamadou Bocoum Ndoye v. Joyce, Judge Broderick ordered Ndoye’s next friend to pay the filing fee or submit an IFP application.
Mamadou Bocoum Ndoye’s next friend, Charisse Smith Ndoye, must pay the $5 filing fee or submit an application to proceed without paying it; otherwise, the action will be dismissed without prejudice.
What happened
Mamadou Bocoum Ndoye filed a petition under 28 U.S.C. § 2241 through Charisse Smith Ndoye, who acted as his next friend. The petition named William P. Joyce, Kristi Noem, and Pamela Bondi as respondents.
The petition was submitted without the required $5 filing fee or an application to proceed without paying the fee. The court gave the next friend 30 days from the order’s date to provide one of them.
Judge Broderick ordered payment of the fee or submission of the application. He stated that the action will be dismissed without prejudice if the next friend does not comply, and denied fee-free status for any appeal from the order.
The detailed version
- Ndoye v. William P. Joyce · No. 1:25-cv-08856
- Vernon Broderick
- Oct. 27, 2025
Background
Charisse Smith Ndoye, acting as next friend for Petitioner Mamadou Bocoum Ndoye, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. A next friend is a person who brings a court action on behalf of another person. The respondents are William P. Joyce, in his official capacity as Deputy Field Office Director of New York, Immigration and Customs Enforcement; Kristi Noem, in her official capacity as Secretary of Homeland Security; and Pamela Bondi, in her official capacity as Attorney General of the United States.
Filing-fee requirement
The court stated that, to proceed with the petition, the petitioner’s next friend had to pay the $5 filing fee or submit a signed application to proceed without paying the fee. The petition was submitted without either one.
Order
The court ordered the petitioner’s next friend, within 30 days of October 27, 2025, to pay the $5 filing fee or complete and submit the attached application. The order listed requirements for payment by mail and required any application to identify docket number 25-CV-8856 (VSB). The court stated that failure to comply within the allowed time will result in dismissal of the action without prejudice. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.