Whyte v. Evans
- Laura Swain
- 1:25-cv-05164
- U.S. District Court · Southern District of New York
- 3
In Whyte v. Evans, Judge Swain transferred the action from the Southern District of New York to the Eastern District of New York.
Maurice L. Whyte’s lawsuit against M. Evans was moved from the Southern District of New York to the Eastern District of New York; the receiving court will decide whether Whyte may proceed without prepaying fees.
What happened
In Maurice L. Whyte v. M. Evans, Maurice L. Whyte, who is incarcerated at MDC Brooklyn and is representing himself, sued a correction officer over alleged constitutional-rights violations.
Judge Swain concluded that the events occurred at MDC Brooklyn in Kings County, which is in the Eastern District of New York. She found that district more convenient because the relevant witnesses and documents were likely there.
Judge Swain ordered the case transferred to the Eastern District of New York. She closed the case in the Southern District of New York, left the fee decision to the receiving court, directed that no summons issue from her court, and denied fee-free status for any appeal.
The detailed version
- Whyte v. Evans · No. 1:25-cv-05164
- Laura Swain
- June 24, 2025
Background
Maurice L. Whyte, who is incarcerated at MDC Brooklyn, brought this action without a lawyer against M. Evans, a correction officer at MDC Brooklyn. Whyte alleged violations of his constitutional rights.
Venue and Transfer Analysis
Venue is the legally proper location for a lawsuit. The court said it was unclear whether venue was proper in the Southern District of New York based on M. Evans’s residence because the complaint did not state where M. Evans was domiciled.
The court concluded that venue was proper in the Eastern District of New York because the alleged events occurred at MDC Brooklyn. Brooklyn is in Kings County, which lies within the Eastern District. The court also applied the rule allowing transfer for the convenience of the parties and witnesses and in the interest of justice. It reasoned that the underlying events occurred in Kings County, where Whyte is incarcerated and M. Evans is employed, and that relevant documents and witnesses could reasonably be expected to be there.
Disposition
The court transferred the action to the United States District Court for the Eastern District of New York under 28 U.S.C. § 1404(a). The Clerk was directed to transfer the action, and the order closed the case in the Southern District of New York. The court stated that the receiving court would decide whether Whyte could proceed without prepaying fees. A summons was not to issue from the Southern District of New York. The court also certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.