Mame Marie Ba Versus Mandiaye Ndiaye

MAME MARIE BA NO. 24-C-261

VERSUS FIFTH CIRCUIT

MANDIAYE NDIAYE COURT OF APPEAL

STATE OF LOUISIANA

June 13, 2024

Linda Wiseman
First Deputy Clerk

IN RE MAME MARIE BA

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE RAYMOND S.
STEIB, JR., DIVISION "A", NUMBER 847-690

Panel composed of Judges Susan M. Chehardy,
Fredericka Homberg Wicker, and Jude G. Gravois

WRIT GRANTED; JUDGMENT VACATED; REMANDED WITH
INSTRUCTIONS

In this writ application, Mame Marie Ba seeks this Court’s supervisory
review of the trial court’s May 10, 2024 ex parte Order which rescinded Ms. Ba’s
in forma pauperis status.

On December 22, 2023, the Domestic Commissioner granted Ms. Ba’s
application to proceed in forma pauperis, pursuant to La. C.C.P arts. 5181, et seq.
On May 7, 2024, Mandiaye Ndiaye filed “Defendant’s Traversal of In Forma
Pauperis Affidavit.” On May 10, 2024, the trial court signed an ex parte Order
rescinding Ms. Ba’s in forma pauperis status.

Louisiana Code of Civil Procedure article 5184 provides:

A. An adverse party or the clerk of the court in which the litigation is
pending may traverse the facts alleged in the affidavits of poverty,
and the right of the applicant to exercise the privilege granted in
this Chapter, by a rule against him to show cause why the order of
court permitting him to litigate, or to continue the litigation,
without paying the costs in advance, or as they accrue, or
furnishing security therefor, should not be rescinded. However,
only one rule to traverse the affidavit of poverty shall be allowed,
whether the rule is filed by an adverse party or the clerk of court.

B. The court shall rescind its order if, on the trial of the rule to
traverse, it finds that the litigant is not entitled to exercise the
privilege granted in this Chapter.

(Emphasis added.)

There is no evidence in the record that the trial court issued a rule to show
cause to traverse Ms. Ba’s application to proceed in forma pauperis, or conducted
a contradictory hearing on Mr. Ndiaye’s traversal of Ms. Ba’s in forma pauperis
status, as required by La. C.C.P. art. 5184. We thus find that the trial court erred in
its ex parte rescission of Ms. Ba’s in forma pauperis status. Accordingly, we grant
Ms. Ba’s writ application, vacate the Order rescinding Ms. Ba’s in forma pauperis
status, and order the trial court to set a rule to show cause and conduct a
contradictory hearing on Mr. Ndiaye’s traversal of Ms. Ba’s in forma pauperis
status, as required by La. C.C.P. art. 5184, within 10 days from the date of this
disposition.1

Gretna, Louisiana, this 13th day of June, 2024.

JGG
SMC
FHW

1
We express no opinion as to the merits of Mr. Ndiaye’s traversal of Ms. Ba’s in forma
pauperis status.

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

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COUNSEL, AS LISTED BELOW:

24-C-261
E-NOTIFIED
24th Judicial District Court (Clerk)
Hon. Raymond S. Steib, Jr. (DISTRICT JUDGE)
Hannah D. Adams (Relator)
Alistair A. Adkinson (Respondent)

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