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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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v.
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COMMISSIONER OF SOCIAL SECURITY, )
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Defendant.
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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

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Merlene Fay Wilson-Sujo (“Plaintiff”) initiated this action on May 22, 2012 by filing a

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complaint against the Commissioner of Social Security, seeking review of an administrative decision

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denying her application for Social Security benefits. (Doc. 1).

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When a plaintiff seeks review of the final decision of the Commissioner of Social Security,

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“[s]uch action shall be brought in the district court of the United States for the judicial district in which

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the plaintiff resides.” 42 U.S.C. § 405(g). In her Complaint, Plaintiff asserts venue is proper because

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Plaintiff “resides within the jurisdictional boundaries of this Court at Chico, CA.” (Doc. 1 at 1).

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Notably, the city of Chico is within the Sacramento division of the Eastern District of California.

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

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may be transferred: “Whenever in any action the Court finds upon its own motion, motion of any

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party, or stipulation that the action has not been commenced in the proper court in accordance with

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this Rule, or for other good cause, the Court may transfer the action to another venue within the
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District.” Id. Because the action should have been filed in the Sacramento Division, the Court will

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transfer the action. Further, this Court will not rule on Plaintiff’s pending motion to proceed in forma

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pauperis. (Doc. 4).

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Accordingly, IT IS HEREBY ORDERED:

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This matter is transferred to the Sacramento Division of the United States District
Court, Eastern District of California; and

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2.

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All future filings shall reference the case number assigned by the Sacramento Division.

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IT IS SO ORDERED.

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Dated:

May 29, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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