Rogers v. Social Security Administration

Filing 6

OPINION AND ORDER by Judge Ronald A. White : Transferring case to the Western District of Oklahoma (terminates case) (acg, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
Lacey Rogers,
Plaintiff,
v.

Case No. 13-CIV-036-RAW-KEW

Michael J. Astrue, Commissioner of
Social Security Administration,
Defendant.
OPINION AND ORDER
This case was filed on January 22, 2013. On January 26, 2013, the court entered a
minute order directing Plaintiff to file a notice as to Plaintiff’s residency no later than
February 1, 2013. On January 30, 2013, Plaintiff timely filed a Notice with the court stating
that Plaintiff resides in Warr Acres, Oklahoma, which is located in the Western District of
Oklahoma. See 28 U.S.C. § 116(c).
Pursuant to the Social Security Act, 42 U.S.C. § 405(g), an action brought against the
Commissioner of the Social Security Administration (“Commissioner”) to obtain review of
the Commissioner’s final decision must be “brought in the district court of the United States
for the judicial district in which the plaintiff resides...” Id. A court may transfer any civil
action to any other district where it might have been brought. 28 U.S.C. § 1404(a). When
venue is improper, 42 U.S.C. § 1406(a) requires the court to dismiss the case, “or if it be in
the interest of justice, transfer such case to any district or division in which it could have
been brought.” Id. The court finds that the interest of justice is best served by a transfer, and
not a dismissal, of this lawsuit.

ACCORDINGLY, the court finds that the Eastern District of Oklahoma is not a
proper venue for this action. The court further finds that transfer of this matter to the
Western District of Oklahoma is appropriate under 42 U.S.C. § 1406(a). The Court Clerk
is directed to transfer this matter to the Western District of Oklahoma.
Dated this 31st day of January, 2013.

Dated this 31st day of January, 2013.

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