Michael John Jacomet v. Nancy A. Berryhill
Filing
7
ORDER TO SHOW CAUSE Why Case Should Not Be Transferred for Improper Venue by Magistrate Judge Karen E. Scott. Response to Order to Show Cause due by 1/31/2018. (jdo)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 5:18-cv-0077-PA (KES)
Date: January 18, 2018
Title: MICHAEL JOHN JACOMET v. NANCY A. BERRYHILL
PRESENT:
THE HONORABLE KAREN E. SCOTT, U.S. MAGISTRATE JUDGE
Jazmin Dorado
Courtroom Clerk
Not Present
Court Reporter
ATTORNEYS PRESENT FOR
PLAINTIFF:
None Present
ATTORNEYS PRESENT FOR
DEFENDANT:
None Present
PROCEEDINGS (IN CHAMBERS):
Order to Show Cause Why Case Should
Not Be Transferred For Improper Venue
On January 12, 2018, Plaintiff Michael John Jacomet (“Plaintiff”) filed the abovecaptioned action in this Court. Plaintiff seeks review of the Commissioner’s denial of his
application for disability benefits. In his complaint, Plaintiff alleges that because he is a resident
of Riverside County, venue is proper in the Central District of California. (Dkt. 1 ¶¶ 1-2.)
Plaintiff, however, signed the declaration supporting his in forma pauperis application on
January 10, 2018 (i.e., before the complaint was filed) in Butte County, California. (Dkt. 3.)
Butte County cases are properly venued in the Eastern District of California. 28 U.S.C. § 84(b).
Federal law is clear on the issue of venue: a claimant aggrieved by the Commissioner’s
administrative decision must file suit in the judicial district in which he or she resides or has a
principal place of business. 42 U.S.C. § 405(g). If a claimant files in the wrong district, then the
Court may transfer venue to the proper district.
Accordingly, IT IS HEREBY ORDERED that on or before January 31, 2018, Plaintiff
shall show cause in writing why this case should not be transferred to the Eastern District of
California. Plaintiff’s response should include a declaration setting forth his county of residence
at the time he filed the complaint in this matter.
Initials of Deputy Clerk JD
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