Lloyd v. Astrue

Filing 6

REPORT AND RECOMMENDATIONS re 2 MOTION for Leave to Proceed in forma pauperis filed by Carl H Lloyd. Signed by Magistrate Judge Howard T. Snyder on 11/26/2008. (mah)

Case 3:08-cv-01068-MMH-HTS Document 6

Filed 11/26/2008 Page 1 of 2

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

CARL H. LLOYD, etc., Plaintiff, Case No. 3:08-cv-1068-J-34HTS MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

REPORT .ND RECOMMENDATION' On November 13, 2008, the Court entered an Order (Doc. #5; Order) directing Plaintiff to show cause why it should not be recommended that this case be transferred to the Southern District of Georgia. Order 1-2. Mr. Lloyd has failed to respond to the Order. Inasmuch as Plaintiff is a resident of Metter, Georgia, see Complaint (Doc. #1), filed on November 6, 2008, which is located in Candler County, it appears this case belongs in the United States District Court for the Southern District of Georgia. See 42 U.S.C. ' Specific, written objections may be filed in accordance with 28 U.S.C. § 636 and Rule 6.02, Local Rules, United States District Court, Middle District of Florida, within ten (10) days after service of this document. Failure to file timely objections shall bar the party from a de nova determination by a district judge and from attacking factual findings on appeal.

Case 3:08-cv-01068-MMH-HTS Document 6 Filed 11126/2008 Page 2 of 2

§ 405(g) (indicating "[sjuch action shall be brought in the district court of the United States for the judicial district in which the plaintiff resides") Accordingly, it is recommended that this case be TRANSFERRED to the United States District Court for the Southern District of Georgia. ENTERED at Jacksonville, Florida, this 26th day of November, 2008.

Howard T. Snyder Is! HOWARD T. SNYDER UNITED STATES MAGISTRATE JUDGE

Copies to: The Honorable Marcia Morales Howard United States District Judge Counsel of record and pro se parties, if any

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