Mandamus decisions / Middle District of Pennsylvania

Ndir v. Doll

Middle District of PennsylvaniaChristopher C. ConnerDecided May 8, 2020No. 1:20-cv-00705

Read the decisionOriginal on CourtListener

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What the decision decided

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Agency ICE Read by a model
Petitioner Momar Ndir is a civil detainee in the custody of the United States Department of Homeland Security, Immigration and Customs Enforcement (“ICE”) at York County Prison.
Form or filing None named Read by a model
What the suit asked for Not recorded Read by a model
Kind of order A ruling on a motion or the petition Read by a model
Ndir’s petition (Doc. 1) for writ of habeas corpus will be denied.
Motion decided None Read by a model
Whose motion The plaintiff's motion Read by a model
On April 28, 2020, Ndir filed a counseled petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, requesting immediate release from ICE custody.
Disposition Denied in the government's favor The principal motion was denied in full: relief the plaintiff asked for denied on the merits, such as summary judgment, an injunction or fees. The government's motion denied so the case goes on is listed apart. Read by a model
Ndir’s petition (Doc. 1) for writ of habeas corpus will be denied.
Prevailing party Government Read by a model
Ndir’s petition (Doc. 1) for writ of habeas corpus will be denied.
The delay claim Relief denied Read by a model
To the extent Ndir asks the court to issue a writ of mandamus pursuant to 28 U.S.C. § 1361 concerning this request, we decline.
The other claims Relief denied Read by a model
Ndir simply has not shown that he is being subjected to punitive conditions of confinement or that the prison is deliberately disregarding the threat posed by the COVID-19 virus. We therefore conclude that Ndir is not entitled to habeas relief.
Months pending 2.7 months from the application to the court's decision Read by a model
Ndir also indicates that he submitted a request for humanitarian parole to ICE in February 2020.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Senegal Read by a model
Ndir is a 34-year-old citizen of the country of Senegal.

How the case ended

Docket
No. 1:20-cv-00705
Filed
April 28, 2020
Ended
May 8, 2020
Suit's filing to its end
10 days
How it ended
Dismissed, ground not recorded
From the record
idb disp 14 (dismissed: other)

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.

Supreme Court and Third Circuit authority

District decisions bind no one. On the questions this decision raises, the Supreme Court decisions and the circuit's published decisions listed here bind this court; a circuit disposition marked nonprecedential was not published as precedent and is persuasive only. ImmCite status as read November 14, 2026. Check the current status before relying on one.