Lujan v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Dale A. Drozd on 12/10/2013 ORDERING the CASE TRANSFERRRED to the Fresno Division Division. New Case Number 1:13-cv-2041 GSA. Old Case Number 2:13-cv-2383 DAD. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LISA KAY LUJAN,

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Plaintiff,

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No. 2:13-cv-2383 DAD

v.

ORDER

CAROLYN W. COLVIN, Commissioner
of Social Security,

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Defendant.

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Plaintiff has filed a complaint seeking judicial review of a final decision of the

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Commissioner denying plaintiff’s application for benefits and an application to proceed in forma

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pauperis.
Although this action has been filed in the Sacramento Division of the United States

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District Court for the Eastern District of California, the complaint alleges that plaintiff’s primary

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residence is in Tulare County, which is part of the Fresno Division of the United States District

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Court for the Eastern District of California.1 See Local Rule 120(d).

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This is an issue that has arisen repeatedly in social security actions filed by attorneys with the
law firm representing plaintiff in this action. See Leija v. Commissioner, No. 2:13-cv-1721
DAD; Lujano v. Commissioner, No. 2:13-cv-2020 DAD; Smith v. Commissioner, NO. 2:13-2051
DAD. Accordingly, plaintiff’s counsel is direct to advise the members of his firm of this Local
Rule to ensure that this issue does not arise again in the future. Following this admonition, future
filing of actions in the incorrect division of this court may result in the imposition of sanctions.
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Pursuant to Local Rule 120(f), a civil action which has not been commenced in the

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proper division of this court in accordance with Local Rule 120(d) may, on the court’s own

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motion, be transferred to the proper division of the court. Therefore, this action will be

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transferred to the Fresno Division of this court for all further proceedings.

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Good cause appearing, IT IS ORDERED that:

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1. This action is transferred to the United States District Court for the Eastern

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District of California sitting in Fresno; and
2. All future filings shall reference the new Fresno case number assigned by the
Clerk of the Court and shall be filed at:

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United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721

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Dated: December 10, 2013

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DAD:6
Ddad1\orders.soc sec\lujan2383.transfer.ord.docx

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