Wilson-Sujo v. Commissioner of Social Security
Filing
5
ORDER signed by Magistrate Judge Jennifer L. Thurston on 5/29/2012, CASE TRANSFERRRED to SACRAMENTO Division. New Case Number 2:12-cv-01441-EFB. (Marrujo, C)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
12
13
14
15
16
)
)
Plaintiff,
)
)
v.
)
COMMISSIONER OF SOCIAL SECURITY, )
)
)
Defendant.
)
)
MERLENE FAY WILSON SUJO,
Case No.: 1:12-cv-00843 - JLT
ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE UNITED
STATES DISTRICT COURT, EASTERN
DISTRICT OF CALIFORNIA
17
Merlene Fay Wilson-Sujo (“Plaintiff”) initiated this action on May 22, 2012 by filing a
18
complaint against the Commissioner of Social Security, seeking review of an administrative decision
19
denying her application for Social Security benefits. (Doc. 1).
20
When a plaintiff seeks review of the final decision of the Commissioner of Social Security,
21
“[s]uch action shall be brought in the district court of the United States for the judicial district in which
22
the plaintiff resides.” 42 U.S.C. § 405(g). In her Complaint, Plaintiff asserts venue is proper because
23
Plaintiff “resides within the jurisdictional boundaries of this Court at Chico, CA.” (Doc. 1 at 1).
24
Notably, the city of Chico is within the Sacramento division of the Eastern District of California.
25
Pursuant to Local Rule 120(f), a civil action that has not been commenced in the proper court
26
may be transferred: “Whenever in any action the Court finds upon its own motion, motion of any
27
party, or stipulation that the action has not been commenced in the proper court in accordance with
28
this Rule, or for other good cause, the Court may transfer the action to another venue within the
1
1
District.” Id. Because the action should have been filed in the Sacramento Division, the Court will
2
transfer the action. Further, this Court will not rule on Plaintiff’s pending motion to proceed in forma
3
pauperis. (Doc. 4).
4
Accordingly, IT IS HEREBY ORDERED:
5
1.
This matter is transferred to the Sacramento Division of the United States District
Court, Eastern District of California; and
6
2.
7
All future filings shall reference the case number assigned by the Sacramento Division.
8
9
10
IT IS SO ORDERED.
11
12
13
Dated:
May 29, 2012
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
9j7khijed
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?