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

Summary

The United States District Court for the Southern District of New York grants the pro se petitioner leave to file an amended habeas petition under Federal Rule of Civil Procedure 15(a)(2). The court directs the petitioner to file the amended petition and requires the respondent to submit a supplemental response within two weeks.

Holdings

1. A habeas petitioner may amend the petition only with the court's permission when the amendment is sought after the Government's response, because Rule 15(a)(1)(B) does not apply where responsive pleadings are not required in habeas proceedings.
2. Leave to amend should be granted because the record did not show undue delay, bad faith, dilatory motive, or futility, and justice required allowing the pro se petitioner to amend.

Questions Presented

1. Whether petitioner should be granted leave under Federal Rule of Civil Procedure 15(a)(2) to amend his habeas petition after the Government filed its response.
2. Whether the incomplete docket filing and timing of the amendment request warranted denial of leave to amend.

Disposition

other