Preckajlo v. Astrue

Filing 9

MEMORANDUM OPINION AND ORDER granting Plaintiff's 8 MOTION to Transfer. It is ORDERED that the Clerk shall TRANSFER this matter to the Western District of Virginia (Roanoke). Signed by Magistrate Judge R. Clarke VanDervort on 4/16/2012. (certified cc: counsel of record) (arb) [Transferred from West Virginia Southern on 4/16/2012.]

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BLUEFIELD DIVISION ALETA PRECKAJLO, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No. 1:11-00687 MEMORANDUM OPINION AND ORDER Pending before the Court is Plaintiff’s Motion to Transfer (Document No. 8.), filed on December 6, 2011. Plaintiff seeks a change of venue to the Western District of Virginia pursuant to 28 U.S.C. § 1404. This case was filed in this district on September 30, 2011 (Document No. 2.), and the parties have consented to proceed before a United States Magistrate Judge. (Document Nos. 4 and 5.) Plaintiff states in her Complaint and Motion that she is a resident of Bastian, Bland County, Virginia. (Document Nos. 2 at 1 and 8 at ¶ 1.) Proper venue under 42 U.S.C. § 405(g) is “in the district court of the United States for the judicial district in which the plaintiff resides.” 42 U.S.C. § 405(g). Accordingly, it is hereby ORDERED that the Clerk shall TRANSFER this matter to the Western District of Virginia (Roanoke), pursuant to 28 U.S.C. § 1404(a). The Clerk is directed to send a copy of this Order to counsel of record. ENTER: April 16, 2012. R. Clarke VanDervort United States Magistrate Judge

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