Hamelinck v. Commissioner of Social Security

Filing 4

TRANSFER ORDER: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Western District of New York. Whether Plaintiff should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/16/21) (rdz) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
BRANDI MARIE HAMELINCK,
Plaintiff,
21-CV-5704 (LTS)

-againstCOMMISSIONER OF SOCIAL
SECURITY

TRANSFER ORDER

Defendant.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff brings this pro se action seeking review of the Commissioner of Social
Security’s decision denying her application for disability benefits pursuant to the Social Security
Act, 42 U.S.C. §§ 405(g) and/or 1383(c)(3). For the following reasons, this action is transferred
to the United States District Court for the Western District of New York.
An action filed pursuant to 42 U.S.C. §§ 405(g) and/or 1383(c)(3) may be brought only in
“the district court of the United States for the judicial district in which the plaintiff resides, or has
his principal place of business, or, if he does not reside or have his principal place of business
within any such judicial district, in the United States District Court for the District of Columbia.”
42 U.S.C. § 405(g); see § 1383(c)(3) (“The final determination of the Commissioner of Social
Security after a hearing under [§ 1383(c)(1)] shall be subject to judicial review as provided in
section 405(g).”).
Plaintiff alleges that she resides in Ontario County. Because Plaintiff’s residence is not in
this district, and Plaintiff makes no allegation about a principal place of business, venue is not
proper in this Court under §§ 405(g) or 1383(c)(3). Ontario County falls within the Western
District of New York. See 28 U.S.C. § 112(d). Accordingly, venue lies in the Western District of

New York, see 42 U.S.C. §§ 405(g) and 1383(c)(3), and this action is transferred to the United
States District Court for the Western District of New York pursuant to 28 U.S.C. § 1406(a).
CONCLUSION
The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on
the docket. The Clerk of Court is further directed to transfer this action to the United States
District Court for the Western District of New York. Whether Plaintiff should be permitted to
proceed further without payment of fees is a determination to be made by the transferee court. A
summons shall not issue from this Court. This order closes this case.
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order
would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose
of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.
Dated:

July 16, 2021
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge

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