Buchanan v. Monfegari
- Laura Swain
- 1:25-cv-03097
- U.S. District Court · Southern District of New York
- 2
In Buchanan v. Monfegari, Judge Swain transferred the habeas case to the Northern District of New York without deciding the conviction challenge.
Kenneth Buchanan’s federal challenge to his 2019 Broome County conviction was transferred from the Southern District of New York to the Northern District of New York; the receiving court must decide whether he may proceed without paying fees.
What happened
In Buchanan v. Monfegari, Kenneth Buchanan, who is incarcerated and representing himself, challenged the constitutionality of his 2019 conviction in Broome County, New York, through a federal petition seeking release from unlawful custody.
Because the conviction and sentence occurred in Broome County, the court determined that the case belonged in the Northern District of New York and directed that it be transferred there. The opinion did not decide whether Buchanan’s conviction was constitutional.
Judge Laura Taylor Swain ordered the transfer and closed the case in the Southern District of New York. She left any decision about allowing Buchanan to proceed without paying fees to the receiving court, declined to issue a certificate allowing an appeal, and denied payment-free status for an appeal.
The detailed version
- Buchanan v. Monfegari · No. 1:25-cv-03097
- Laura Swain
- Apr. 15, 2025
Background
Kenneth Buchanan, identified as the petitioner, filed a petition under 28 U.S.C. § 2254 challenging the constitutionality of his 2019 conviction in the New York Supreme Court for Broome County. The opinion states that Buchanan is incarcerated at Mohawk Correctional Facility and is proceeding without a lawyer. The respondent is Superintendent Alfred P. Monfegari.
Transfer
The Southern District of New York transferred the action under Local Civil Rule 83.3 because Broome County is in the Northern District of New York, where Buchanan was convicted and sentenced. The court did not reach the constitutional challenge to the conviction. The order states that the transferee court—the court receiving the case—would decide whether Buchanan could proceed without paying fees.
Disposition
Judge Laura Taylor Swain directed the Clerk of Court to transfer the action to the United States District Court for the Northern District of New York and stated that the order closed the case in the Southern District of New York. The court also stated that Buchanan had not made a substantial showing that a constitutional right was denied, so it would not issue a certificate of appealability. It certified that an appeal would not be taken in good faith and denied payment-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.