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application, Mame Marie Ba seeks this Court’s supervisory review of the trial court’s May 10, 2024 ex parte Order which rescinded Ms.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the litigation, without paying the costs in advance, or as they accrue, or furnishing security therefor, should not be rescinded.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

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 (504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 06/13/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY 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) MAILED Jeremy L. Schrady (Relator) Attorney at Law 1340 Poydras Street Suite 720 New Orleans, LA 70112 SENDER: COMPLETE THIS SECTION

1. Article Addressed to: D. Is delivery addn!ss dlff-,t from item 1? □ Yes If YES, enter delivery address below: D No Jeremy L. Schrady Attorney at Law 1340 Poydras Street S11.ite 720 Ndw Orleans, LA 70 I 12 2¥C-261 06-13-24 3. Service Type □ Priority Mall ~ ~ ~It Slgnalura II IIIIIII IIII IIIIIII IIII I IIII II III II IIlIIII Ill ~ RNblctedOellvely D Reglsler8d Mall™ □~ ~ a d Mail Reslrfoted 9590 9402 2434 6249 3567 05 □ Certlflad Mall Realllcl8d OellYery ll(j;i',;;;;Recelpl for D Collect on Dellvely Merchandise -2.-Artl-c-le_N_u_m_ber_ffr_ansfer-from--servi--ce-/abel) _ _ _ __ , □ Collect on OeUvery Aeetrlc;ted Delivery □ Signature ConftimatJonTM - · ~all D Signature Conflnnllllon □ 1 b 2 □ 7 o □ □ oa a9 s4 8 s3 7 ~a11 Re8trlcted Oellvery Reslrlcted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 • I I h Domestic Retum Receipt I