Purvis v. Colvin

Filing 3

ORDER directing that, because venue is improper in this district, this action is hereby transferred to the United States District Court for the Northern District of Florida pursuant to 28 U.S.C. § 1406(a), as further set out. Signed by Honorable Judge Susan Russ Walker on May 20, 2015. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
JAMES DEAN PURVIS,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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CIVIL ACTION NO. 1:15CV329-SRW
(WO)

ORDER
Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) seeking review of a decision
of the Commissioner of Social Security denying his claim for benefits. For § 405(g) actions,
venue is proper in the judicial district in which the plaintiff resides or has his principal place
of business, unless there is no such district. See 42 U.S.C. § 405(g). In his unverified
complaint, plaintiff alleges that he “is a resident citizen of Houston County, Alabama[.]”
(Doc. # 1, ¶ 1). However, in the declaration that he filed in support of his motion to proceed
in forma pauperis, plaintiff identifies his legal residence as “Marianna, Florida.” (Doc. # 21, ¶ 12). Plaintiff’s counsel has informed intake staff in the office of the Clerk of the Court
that the legal residence plaintiff identified in his declaration – Marianna, Florida – is correct.
Marianna lies within the Northern District of Florida. See 28 U.S.C. § 89(a)(1).
Accordingly, it is
ORDERED that, because venue is improper in this district, this action is hereby

transferred to the United States District Court for the Northern District of Florida pursuant
to 28 U.S.C. § 1406(a).
DONE, this 20th day of May, 2015.

/s/ Susan Russ Walker
SUSAN RUSS WALKER
CHIEF UNITED STATES MAGISTRATE JUDGE

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