Rodriguez v. Commissioner of Social Security
Filing
23
ORDER to SHOW CAUSE Why This Case Should Not be Transferred signed by Magistrate Judge Gary S. Austin on 10/13/2010. Show Cause Response due within ten (10) days. (Esteves, C)
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(SS) Rodriguez v. Commissioner of Social Security
Doc. 23
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 On October 30, 2009, Plaintiff filed a Complaint seeking a review of the denial of her 19 application for disability benefits. The briefing was completed on September 29, 2010. A review of 20 the record indicates that Plaintiff's administrative hearing was held in Fresno, California and at one 21 time Plaintiff lived in Madera, California. However, Plaintiff resided in Monterey, California at the 22 time this action was filed. (See, Civil Cover Sheet, at Doc. 4). 23 Federal law is clear on the issue of venue in Social Security cases; the claimant must file suit 24 in the judicial district where he or she resides, or has a principal place of business. 42 U.S.C. § 25 405(g). If the claimant files in the wrong district, then the Court may transfer venue to the proper 26 district. Id. In this instance, because Plaintiff was residing in Monterey, California at the time the 27 28 1 FRAN RODRIGUEZ, IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) Plaintiff, ) ) vs. ) ) MICHAEL J. ASTRUE, Commissioner, ) ) ) Defendant. ) ____________________________________) 1:09-cv-1912 GSA ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE TRANSFERRED
Dockets.Justia.com
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action was initiated, it appears that the case should have been filed in the United States District Court, Northern District of California. Plaintiff shall show cause why this case should not be transferred to the United States District Court, Northern District of California. Plaintiff is ORDERED to file a response to this Order to Show Cause WITHIN ten (10) days of the date of this Order. Failure to respond to this order may result in the transferring of this case and the imposition of sanctions. IT IS SO ORDERED. Dated: 6i0kij
October 13, 2010
/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE
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