Dearmon v. Commissioner of Social Security
Filing
28
ORDER Transferring Case to the Sacramento Division of the Eastern District of California, signed by Magistrate Judge Sheila K. Oberto on 2/6/13. The New Case Number is: 2:13-cv-00230-CKD. Old Case Number 1:12-cv-00345-AWI-SKO. (Gonzalez, R)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
CINDI DEARMON,
9
10
11
12
13
14
15
)
)
)
Plaintiff,
)
)
v.
)
)
MICHAEL J. ASTRUE,
)
Commissioner of Social Security,
)
)
)
Defendant.
)
)
_____________________________________ )
Case No.: 1:12-cv-00345-AWI-SKO
ORDER TO TRANSFER CASE TO THE
SACRAMENTO DIVISION OF THE
EASTERN DISTRICT OF CALIFORNIA
16
17
Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security
18
denying applications for Disability Income Benefits and Supplemental Security Income under Titles
19
II an XVI of the Social Security Act. Under the venue statute governing this action, Plaintiff may
20
obtain review of any final decision of the Commissioner made after a hearing to which the plaintiff
21
was a party by commencing a civil action in the federal district court for the judicial district in which
22
the claimant resides. 42 U.S.C. ยง 405(g).
23
On December 19, 2012, the Court issued an order that Plaintiff state her place of residence
24
and, to the extent that Plaintiff's residence was outside the Fresno Division of the U.S. District Court
25
for the Eastern District of California ("Eastern District"), to show cause why the case should not be
26
transferred to the Sacramento Division of the Eastern District. Plaintiff's declaration reflects that she
27
resides in Jackson, California, which is in Amador County. (Doc. 23-1.) That county is part of the
28
Sacramento Division of the Eastern District. See Local Rule 120(d).
1
Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper
2
division of a court may, on the court's own motion, be transferred to the proper division of the court.
3
Therefore, this action will be transferred to the Sacramento Division of the Court. This Court retains
4
jurisdiction following transfer to issue a collateral order regarding sanctions against Plaintiff's
5
counsel, Sengthiene Bosavanh. (See Docs. 24, 25.) Cf. United Energy Owners v. United Energy
6
Mgmt., 837 F.2d 356, 358 (9th Cir. 1988) (district court retained jurisdiction to impose sanctions
7
while plaintiffs' appeal from judgment of dismissal was pending).
8
Accordingly, IT IS HEREBY ORDERED that:
9
1.
10
This action is transferred to the United States District Court for the Eastern District
of California sitting in Sacramento;
11
2.
The Clerk of the Court shall assign a new case number; and
12
3.
All future filings shall bear the new case number and shall be filed at:
13
United States District Court
Eastern District of California
501 I Street
Sacramento, California, 95814
14
15
IT IS SO ORDERED.
16
17
Dated:
d70o4d
February 6, 2013
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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?