Dearmon v. Commissioner of Social Security
Filing
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ORDER to file declaration substantiating Plaintiff's place of residence and show cause why the case should not be transferred, signed by Magistrate Judge Sheila K. Oberto on 12/18/2012. Show Cause Response due by 1/4/2013. (Figueroa, O)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DESIREE HODGENS,
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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner of Social Security,
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Defendant.
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_____________________________________ )
Case No.: 1:12-cv-00471-LJO-SKO
ORDER TO FILE DECLARATION
SUBSTANTIATING PLAINTIFF'S
PLACE OF RESIDENCE AND SHOW
CAUSE WHY THE CASE SHOULD NOT
BE TRANSFERRED
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On March 28, 2012, Plaintiff filed the present action in this Court. Plaintiff seeks review of
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the Commissioner's denial of her application for benefits. In her complaint, Plaintiff asserts that
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venue is proper in this district because she is a resident of Fresno County. (Docs. 1, 2.) However,
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the Court finds nothing in the record that indicates Plaintiff currently resides in Fresno County or in
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a county that is within this district. For example, notice of the Appeals Council's January 31, 2012,
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denial of review was sent to Plaintiff in San Jose, California. (Administrative Record ("AR") 1.)
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The hearing before the Administrative Law Judge took place in San Jose, California. (AR 25.) The
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appointment of representative form that Plaintiff completed reflects that she resides in San Jose,
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California. (AR 128.)
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Federal law is clear on the issue of venue; the claimant must file suit in the judicial district
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where he or she resides, or has a principal place of business. 42 U.S.C. ยง 405(g). If the claimant
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files suit in the wrong district, the Court may transfer venue to the proper district. Because the
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evidence contained in the Administrative Record does not comport with the Civil Cover Sheet
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Plaintiff submitted as to her place of residence, Plaintiff shall file a declaration under penalty of
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perjury setting forth her address at the time she filed her complaint and her current address, to the
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extent it has changed since March 28, 2012. In support of her declaration, Plaintiff shall provide
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documentary evidence sufficient to establish her residential address at the time she filed her
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complaint, and her current address to the extent it has changed since March 28, 2012, such as a
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utility statement. To the extent Plaintiff's place of residence is not within this district, Plaintiff shall
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show cause why this case should not be transferred to the appropriate district court.
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Accordingly, IT IS HEREBY ORDERED that on or before January 4, 2013:
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1.
Plaintiff shall file a declaration signed under penalty of perjury setting forth her place
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of residence at the time she filed her complaint in this matter and her current
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residential address, to the extent it has changed since March 28, 2012; and
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2.
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To the extent Plaintiff's place of residence is not within this district, Plaintiff shall
show cause why this case should not be transferred to the appropriate district court.
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IT IS SO ORDERED.
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Dated:
ie14hj
December 18, 2012
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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