Harrell v. Commissioner of Social Security

Filing 29

ORDER TRANSFERRING Case to the U.S. District Court for the Eastern District of North Carolina, signed by Magistrate Judge Gary S. Austin on 3/20/19. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JULIE ANN HARRELL,
Plaintiff,

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ORDER TRANSFERRING CASE
TO THE U. S. DISTRICT COURT FOR
THE EASTERN DISTRICT OF
NORTH CAROLINA

v.

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No. 1:17-cv-01503-GSA

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Respondent.

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On November 8, 2017, Plaintiff Julie Ann Harrell filed a complaint in the Eastern District

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of California seeking judicial review of a final decision of the Commissioner of Social Security

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(“Commissioner” or “Defendant”) denying her application for disability insurance benefits

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pursuant to Title II of the Social Security Act. Doc. 1. At the time of filing, however, Plaintiff

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resided in jurisdiction of the United States District Court for the Eastern District of North

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Carolina, where she continues to reside. Doc. 25.

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A claimant of Social Security benefits whose application has been denied by the

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Commissioner may seek review of such decision “in the district court of the United States for the

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judicial district in which the plaintiff resides, or has his principal place of business or, if he does

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not reside or have his principal place of business within any such judicial district, in the United

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///

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States District Court for the District of Columbia.” 42 U.S.C. § 405(g). Because Plaintiff’s

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residence is in North Carolina this Court must transfer venue to the proper district.

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Accordingly, the Clerk of Court is hereby DIRECTED to transfer the above-captioned
case to the United States District Court for the Eastern District of North Carolina.

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IT IS SO ORDERED.
Dated:

March 20, 2019

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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