Nelson v. Social Security Administration

Filing 12

ORDER directing plaintiff to file, within 30 days from the date of this Order, a statement re attorneys he has contacted re representation, as ordered in the Court's previous 5 Order. Signed by Magistrate Judge Jerome T. Kearney on 5/5/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
CHAD NELSON
v.

PLAINTIFF
CASE NO. 4:11CV00273 DPM/JTK

MICHAEL J. ASTRUE,
Commissioner, Social Security Administration

DEFENDANT

ORDER
Plaintiff filed a motion for appointment of counsel on March 28, 2011.
(Doc. No. 3) On April 1, 2011, the Court entered an order directing Plaintiff to
contact three attorneys who practice in the area of Social Security disability
about taking his case and to file a statement with the Court no later than May
1, 2011, stating the names of the attorneys to whom he talked, the date, and
what each attorney told him about representing him in this matter.1 (Doc. No.
5) Plaintiff has not complied with that order.
The Court hereby informs Plaintiff he has an extension of thirty days from
the date of this Order to comply with the Court’s directions. The Court cannot
consider appointing an attorney until Plaintiff has attempted to obtain private
counsel.
1

The Court was not engaging in an April Fools’ joke.

Also before the Court is the Commissioner’s Motion to Dismiss Plaintiff’s
Complaint for Improper Venue, or to Transfer Venue to a Proper District. (Doc.
No. 11) The motion to dismiss is denied, and the motion to transfer is granted.
42 U.S.C. § 405(g) provides that a plaintiff’s action seeking judicial review of the
Commissioner’s decision “shall be brought in the district court of the United
States for the judicial district in which the plaintiff resides[.]” Plaintiff’s
complaint indicates he is a resident of Van Buren, Arkansas, in Crawford
County. (Doc. No. 2 at 5) The Western District of Arkansas hears cases arising
in Crawford County.2 The Court therefore transfers Plaintiff’s action to the
United States District Court for the Western District of Arkansas.
IT IS SO ORDERED this 5th day of May, 2011.

______________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

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http://www.arwd.uscourts.gov/uploads/images/counties_ARW_exploded161.gif (last
visited May 4, 2011)
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