Haltom v. Commissioner of Social Security

Filing 23

ORDER Transferring Case to the Sacramento Division of the Eastern District of California, signed by Magistrate Judge Sandra M. Snyder on 2/2/13. New Case Number is: 2:13-cv-00227-KJN. The old Case Number 1:11-cv-01439-LJO-SMS. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL HALTOM,

CASE NO. 1:11-cv-01439-LJO-SMS

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Plaintiff,
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ORDER TRANSFERRING CASE
TO THE SACRAMENTO DIVISION
OF THE EASTERN DISTRICT OF
CALIFORNIA

v.
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MICHAEL ASTRUE,
Commissioner of Social Security,

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Defendant.
_____________________________/

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On September 28, 2011, Plaintiff Michael Haltom filed a complaint seeking review of the

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Commissioner's decision to deny his application for Social Security disability benefits. On the date

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of filing, Plaintiff resided in Thornton, San Joaquin County, California. Doc. 18-1. Plaintiff 's

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residence has not changed since the filing date. Id.

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Federal law is clear on the issue of venue: the plaintiff must file suit in the judicial district in

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which he or she resides or a has a principal place of business. 42 U.S.C. § 405(g). If the plaintiff

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files in the wrong district, the Court may transfer venue to the proper district. Id. In this case,

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although Plaintiff properly filed his complaint in the Eastern District of California, she improperly

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filed it in the Fresno Division rather than the Sacramento Division where it was properly venued.

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Good cause appearing, the Court ORDERS this case TRANSFERRED to the Sacramento

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Division of the Eastern District of California.

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IT IS SO ORDERED.

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Dated:
icido3

February 2, 2013

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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