Rogers v. Hernandez
- Laura Swain
- 1:22-cv-10627
- U.S. District Court · Southern District of New York
- 3
In Rogers v. Hernandez, Judge Swain transferred the action to Wisconsin because the alleged events occurred there.
Angelina Rogers and the defendant named in the action; the case was transferred from the Southern District of New York to the Eastern District of Wisconsin.
What happened
In Rogers v. Hernandez, Angelina Rogers, representing herself, sued over alleged rights violations in Milwaukee and Wauwatosa, Wisconsin. She filed the case in the Southern District of New York.
The court ruled that New York was not the proper location for the case because the defendant allegedly lived in Wisconsin and the events occurred there. It transferred the action to the Eastern District of Wisconsin rather than dismissing it.
Judge Swain ordered the transfer, closed the New York case, and stated that the Wisconsin court would decide whether Rogers could proceed without paying filing fees. The court also denied fee-free status for any appeal and said no summons would issue from New York.
The detailed version
- Rogers v. Hernandez · No. 1:22-cv-10627
- Laura Swain
- Dec. 19, 2022
Background
Angelina Rogers, who the opinion says resides in Milwaukee, Wisconsin, filed this self-represented action in the Southern District of New York. She invoked federal-question jurisdiction and alleged that the defendant violated her rights in Milwaukee and Wauwatosa, Wisconsin. The caption identifies the defendant as Peter Gene Hernandez, also known as Bruno Mars. A footnote states that page four of the complaint instead lists Roberto C. Guzman of Milwaukee, Wisconsin, as the sole defendant.
Venue analysis
The court applied the federal venue statute, which identifies the proper federal district for a civil case. It concluded that venue was not proper in the Southern District of New York because the defendant was alleged to reside in Wisconsin and the alleged events occurred there. Milwaukee and Wauwatosa are in Milwaukee County, which is within the Eastern District of Wisconsin.
Ruling and effect
Under 28 U.S.C. § 1406, a court may transfer a case filed in the wrong district when doing so serves the interests of justice. The court transferred the action to the United States District Court for the Eastern District of Wisconsin. The New York clerk was directed to make the transfer, and the order states that the New York case is closed. The Wisconsin court must decide whether Rogers may proceed without prepaying fees. No summons was to issue from the New York court. The court also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal. Judge Laura Taylor Swain signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.