Mitchell v. Astrue

Filing 11

ORDER Transferring Case to the United States District Court for the Central District of California signed by Magistrate Judge Jennifer L. Thurston on 11/23/2011. CASE CLOSED.(Flores, E)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18

LISA MARIE MITCHELL,

)
)
Plaintiff,
)
)
v.
)
)
MICHAEL J. ASTRUE,
)
Commissioner of Social Security,
)
)
Defendant.
)
_______________________________________ )

Case No.: 1:11-cv-01275 JLT
ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE CENTRAL DISTRICT OF CALIFORNIA

Plaintiff Lisa Marie Mitchell (“Plaintiff”) initiated this action on August 1, 2011 by filing a
complaint seeking review of decision denying Social Security benefits. (Doc. 2).

19

When a plaintiff seeks review of a final decision of the Commissioner of Social Security,

20

“[s]uch action shall be brought in the district court of the United States for the judicial district in

21

which the plaintiff resides.” 42 U.S.C. § 405(g). In the Complaint, Plaintiff asserts venue is proper

22

because she “is a resident of Paso Robles, California.” (Doc. 2 at 1). However, the city of Paso

23

Robles is within San Luis Obispo County, located within the Central District of California.

24

Plaintiff’s counsel, Mr. Weems, reports he filed the action in the Eastern District due to an

25

“erroneous belief at the time of the preparation of the Complaint that Paso Robles was within Kern

26

County, California. (Doc. 9 at 1).

27
28

Because Plaintiff resides in the Central District of California, the action for review of the
Commissioner’s decision should have been filed in the United States District Court for the Central
1

1

District of California. Plaintiff admits transfer of the action is “appropriate for the convenience of

2

the parties.” (Doc. 9 at 2). In the interest of justice, a federal court may transfer a case filed in the

3

wrong district to the correct district. See 28 U.S.C. § 1460(a); Starnes v. McGuire, 512 F.2d 918,

4

932 (D.C. Cir. 1974).

5
6

Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States
District Court for the Central District of California.

7
8

IT IS SO ORDERED.

9

Dated: November 23, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2