Glenister v. Commissioner of Social Security

Filing 4

ORDER TRANSFERRING CASE to the Eastern District of Michigan; signed by Magistrate Judge Joseph G. Scoville (Magistrate Judge Joseph G. Scoville, mmh)

UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DESIREE N. GLENISTER,

)
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Plaintiff,
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v.
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COMMISSIONER OF
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SOCIAL SECURITY,
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Defendant.
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____________________________________)

Case No. 1:13-cv-274
Honorable Joseph G. Scoville

ORDER OF TRANSFER
This is a social security action brought under 42 U.S.C. § 405(g) seeking review of
a final decision of the Commissioner of Social Security. Plaintiff simultaneously filed pro se
complaints in the Eastern and Western Districts of Michigan seeking review of the Commissioner’s
decision. Plaintiff is a resident of Gaylord, which is located in Otsego County in the Eastern District.
The documents plaintiff filed in the Eastern District case, Glenister v. Commissioner, 2:13-cv-11139
(E.D. Mich.), reveal that she moved to Michigan while her request for review by the Appeals
Council was pending. (docket # 1 at ID# 3). Venue is improper in this district because plaintiff’s
request for judicial review of the Commissioner’s decision has no connection to the Western District
of Michigan. Venue is proper in the Eastern District. See 42 U.S.C. § 405(g). This case will be
transferred to the Eastern District of Michigan. It will be up to that court to determine whether this
case should be dismissed or consolidated with case number 2:13-cv-11139. Accordingly,

IT IS ORDERED that this case is hereby transferred to the United States District
Court for the Eastern District of Michigan for improper venue under 28 U.S.C. § 1406(a).

DONE AND ORDERED this 22nd day of March, 2013.

/s/ Joseph G. Scoville
United States Magistrate Judge

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