Wingate v. Lowerre
- Laura Swain
- 1:24-cv-01412
- U.S. District Court · Southern District of New York
- 3
In Wingate v. Lowerre, Judge Swain transferred the case to the Western District of New York because the alleged events occurred there.
Blake Wingate’s action was moved from the Southern District of New York to the Western District of New York; the transferee court will decide whether he may proceed without prepaying fees.
What happened
In Wingate v. Lowerre, Blake Wingate, who is incarcerated at Five Points Correctional Facility and represents himself, sued Ernest Lowerre, Commissioner Martiscello, and the facility’s superintendent. He alleged that the defendants violated his rights at Five Points.
The court found that the Southern District of New York was not the proper venue because the alleged events occurred in Seneca County, outside that district. Seneca County is in the Western District of New York, where the case could properly be heard.
Judge Laura Taylor Swain transferred the action to the Western District of New York under the federal venue and convenience rules. The Southern District case was closed, no summons would issue there, and the transferee court will decide whether Wingate may proceed without paying filing fees. The court also denied fee-free status for any appeal from this order.
The detailed version
- Wingate v. Lowerre · No. 1:24-cv-01412
- Laura Swain
- Feb. 23, 2024
Background
Blake Wingate, who is incarcerated at Five Points Correctional Facility and is proceeding without a lawyer, brought this action against Ernest Lowerre, Commissioner Martiscello, and the Superintendent of Five Points Correctional Facility. Wingate alleges that the defendants violated his rights at Five Points.
Venue analysis
The court considered the federal venue statute, 28 U.S.C. § 1391. The opinion states that Wingate did not provide facts about where the defendants reside, so the court could not determine whether venue was proper in the Southern District of New York based on the defendants’ residences. Venue was not proper there based on the location of the events because Five Points is in Seneca County, New York, outside the Southern District.
Seneca County is in the Western District of New York. The court therefore concluded that venue was proper in that district because Wingate’s claims arose there.
Transfer and disposition
The court also applied 28 U.S.C. § 1404(a), which permits transfer for the convenience of the parties and witnesses and in the interest of justice. The court stated that the underlying events occurred at Five Points, where Wingate is incarcerated, and that it was reasonable to expect the relevant documents and witnesses to be in that district. It concluded that the Western District of New York appeared to be the more convenient forum.
Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the United States District Court for the Western District of New York. The order closes the case in the Southern District of New York, states that no summons will issue from that court, and leaves to the transferee court the question whether Wingate may proceed without prepaying fees. The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order transferred the case and did not decide the underlying allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.