HEISE v. Social Security Commissioner

Filing 9

ORDER GRANTING 6 Motion to Transfer Case -. Signed by Magistrate Judge R. Steven Whalen. (CCie) [Transferred from mied on 10/7/2015.]

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBIN HEISE,

No. 15-11736

Plaintiff,

District Judge George Caram Steeh

v.

Magistrate Judge R. Steven Whalen

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
/
ORDER TRANSFERRING CASE
On May 15, 2015, Plaintiff Robin Heise filed an action under 42 U.S.C. § 405(g)
and 42 U.S.C. § 1383, challenging Defendant Commissioner’s decision denying
disability benefits under the Social Security Act. Before the Court is Defendant’s Motion
to Transfer the Case to the U.S. District Court for the Middle District of Florida [Doc.
#6], premised on the fact that Plaintiff resides in Tarpon Springs, Florida. See Doc. #1, ¶¶
1,3.
An action under § 405(g) “shall be brought in the district court of the United States
for the judicial district in which the plaintiff resides.” In addition, 42 U.S.C. § 1383(c)(3)
provides for “judicial review as provided in section 405(g) of this title to the same extent
as the Commissioner’s final determinations under section 405 of this title.” Tarpon
Springs, Florida, located in Pinellas County, lies in the Middle District of Florida.
Accordingly, venue lies in the Middle District of Florida
In her response [Doc. #8], Plaintiff states she has no objection to transferring this
case.
Therefore, IT IS ORDERED that Defendant’s motion to transfer [Doc. #6] is
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GRANTED.
IT IS FURTHER ORDERED that the Clerk of this Court transfer this case to the
United States District Court for the Middle District of Florida.

s/R. Steven Whalen
R. STEVEN WHALEN
United States Magistrate Judge
Dated: October 7, 2015

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record on
October 7, 2015, electronically and/or by U.S. mail.
s/C. Ciesla
Case Manager

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