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)

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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

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