Smothers v. Social Security Administration

Filing 17

ORDER transferring case to the U.S. District Court, Western District of Arkansas; and directing the Clerk to immediately send this case. Signed by Magistrate Judge Henry L. Jones, Jr on 3/29/10. (bkp) (Additional attachment(s) added on 3/30/2010: # 1 Main Document - Correct; Docket text modified to indicate the Clerk is to immediately send the case.) (thd).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION AARON E. SMOTHERS v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, ORDER 4:08CV04185 HLJ Plaintiff Defendant It has become apparent to the Court from reading the transcript that Plaintiff is a resident of Gurdon, Arkansas. (Tr. 1, 5, 19, 40, 41, 42, 43, 44, 47, 53, 68, 80, 81, 95, 109, 147) Gurdon is in Clark County, which is in the Western District of Arkansas. Any individual, after any final decision of the Commissioner of Social Security made after a hearing to which he was a party, . . . may obtain a review of such decision by a civil action . . . . Such action shall be brought in the district court of the United States for the judicial district in which the plaintiff resides, or has his principal place of business . . . . 42 U.S.C. 405(g). Section 405(g) is quite clear that venue is proper where Plaintiff resides. (Since he is seeking disability benefits, he is Accord, Randolph v. Barnhart, presumably not presently employed.) 386 F.3d 835, 836 n.3 (8th Cir. 2004); Mazaleski v. Sullivan, (1992, D. D.C.) CCH Unemployment Ins. Rep. 16837A; 1992 WL 205095. Accordingly, it is hereby ORDERED that this case is hereby transferred to the United States District Court for the Western District of Arkansas. The Clerk is directed to immediately send this case to the Western District of Arkansas. DATED this 29 th day of March, 2010. UNITED STATES MAGISTRATE JUDGE 2

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