Dearmon v. Commissioner of Social Security

Filing 28

ORDER Transferring Case to the Sacramento Division of the Eastern District of California, signed by Magistrate Judge Sheila K. Oberto on 2/6/13. The New Case Number is: 2:13-cv-00230-CKD. Old Case Number 1:12-cv-00345-AWI-SKO. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CINDI DEARMON,
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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-00345-AWI-SKO

ORDER TO TRANSFER CASE TO THE
SACRAMENTO DIVISION OF THE
EASTERN DISTRICT OF CALIFORNIA

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Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security

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denying applications for Disability Income Benefits and Supplemental Security Income under Titles

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II an XVI of the Social Security Act. Under the venue statute governing this action, Plaintiff may

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obtain review of any final decision of the Commissioner made after a hearing to which the plaintiff

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was a party by commencing a civil action in the federal district court for the judicial district in which

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the claimant resides. 42 U.S.C. § 405(g).

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On December 19, 2012, the Court issued an order that Plaintiff state her place of residence

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and, to the extent that Plaintiff's residence was outside the Fresno Division of the U.S. District Court

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for the Eastern District of California ("Eastern District"), to show cause why the case should not be

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transferred to the Sacramento Division of the Eastern District. Plaintiff's declaration reflects that she

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resides in Jackson, California, which is in Amador County. (Doc. 23-1.) That county is part of the

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Sacramento Division of the Eastern District. See Local Rule 120(d).

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Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper

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division of a court may, on the court's own motion, be transferred to the proper division of the court.

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Therefore, this action will be transferred to the Sacramento Division of the Court. This Court retains

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jurisdiction following transfer to issue a collateral order regarding sanctions against Plaintiff's

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counsel, Sengthiene Bosavanh. (See Docs. 24, 25.) Cf. United Energy Owners v. United Energy

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Mgmt., 837 F.2d 356, 358 (9th Cir. 1988) (district court retained jurisdiction to impose sanctions

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while plaintiffs' appeal from judgment of dismissal was pending).

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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This action is transferred to the United States District Court for the Eastern District
of California sitting in Sacramento;

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2.

The Clerk of the Court shall assign a new case number; and

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3.

All future filings shall bear the new case number and shall be filed at:

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United States District Court
Eastern District of California
501 I Street
Sacramento, California, 95814

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IT IS SO ORDERED.
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Dated:
d70o4d

February 6, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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