Eggebrecht v. Commissioner of Social Security

Filing 16

ORDER signed by Magistrate Judge Kendall J. Newman on 11/18/2014 TRANSFERRING this action to the United States District Court for the Central District of California, DIRECTING the Clerk of Court to vacate all dates and close this case. CASE CLOSED. (Michel, G)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TIM EGGEBRECHT,

12

Plaintiff,

13
14
15

No. 2:13-cv-01692-KJN

v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

16
17

Title 42 U.S.C. § 405(g) provides that an action seeking judicial review of a final decision

18

of the Commissioner of Social Security “shall be brought in the district court of the United States

19

for the judicial district in which the plaintiff resides….” Upon further review of the file, it

20

appears that plaintiff resides in Oak Park, CA, a city in Ventura County, which is located in the

21

Central District of California. As such, the action was improperly commenced in this district.
Pursuant to 28 U.S.C. § 1406(a), “[t]he district court of a district in which is filed a case

22
23

laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice,

24

transfer such case to any district or division in which it could have been brought.” Here, given

25

that the erroneous filing in this district was likely an inadvertent error, and the fact that social

26

security claimants already face long wait times for resolution of their cases, the court finds that

27

the interests of justice support a transfer to the Central District in lieu of dismissal.

28

////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The action is TRANSFERRED to the United States District Court for the Central

3

District of California.

4

2. The Clerk of Court shall vacate all dates and close this case.

5

IT IS SO ORDERED.

6

Dated: November 18, 2014

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2