Card v. Commissioner of Social Security

Filing 13

ORDER accepting 8 Memorandum and Recommendations. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Florida. Signed by District Judge Martin Reidinger on 04/11/2013.(thh) [Transferred from ncwd on 4/15/2013.]

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:13cv11

GEORGE CARD,
Plaintiff,
vs.
CAROLYN W. COLVIN,1
Acting Commissioner of the
Social Security Administration,
Defendant.
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ORDER

THIS MATTER is before the Court the Memorandum and
Recommendation of Magistrate Judge Dennis L. Howell [Doc. 8].
Pursuant to 28 U.S.C. § 636(b) and the Standing Orders of
Designation of this Court, United States Magistrate Judge Dennis L. Howell
was designated to consider non-dispositive matters in this case.

On

February 27, 2013, the Magistrate Judge issued an Order to Show Cause
why this case should not be transferred for lack of proper venue. [Doc. 5].
The Plaintiff responded to that Order to Show Cause. [Doc. 7].

1

Carolina W. Colvin was named Acting Commissioner of the Social Security Administration on February
14, 2013.

On March 19, 2013, the Magistrate Judge filed a Memorandum and
Recommendation in which he recommended either dismissing this action
without prejudice based on improper venue or transferring this action to the
appropriate United States District Court in Florida. [Doc.8]. The parties
were advised that any objections to the Magistrate Judge’s conclusions and
recommendations were to be filed in writing within fourteen days of service
of the Recommendation and that failure to file objections to the
Memorandum and Recommendation would preclude the parties from
raising any objection on appeal. [Id., at 3]. The period within which to file
objections expired on April 5, 2013 and no written objections to the
Memorandum and Recommendation have been filed by either party.
The Plaintiff filed a document entitled “Memorandum regarding
Report and Recommendation.”

[Doc. 10].

In that pleading, Plaintiff’s

counsel candidly admitted that he did not intend to file Objections to the
Memorandum and Recommendation because the Magistrate Judge
correctly ruled that venue in this Court is improper due to the Plaintiff’s
current residency in Lake City, Florida. [Id. at 1]. Counsel requested,
however, that this case be transferred rather than dismissed in order to
protect the Plaintiff’s ability to obtain review of the Commissioner’s
decision.
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Having conducted a careful review, the Court concludes that the
Magistrate Judge’s recommendation is supported by the record and the
law.

Accordingly, the Court hereby accepts the Magistrate Judge’s

recommendation and will transfer this case to the United States District
Court for the Middle District of Florida (Jacksonville Division).
ORDER
IT

IS,

THEREFORE,

ORDERED

that

this

case

is

hereby

TRANSFERRED to the United States District Court for the Middle District
of Florida.

Signed: April 11, 2013

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