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Davis by Monk v. Bowen

United States Court of Appeals, Ninth Circuit
Jun 12, 1987
848 F.2d 198 (9th Cir. 1987)

Opinion


848 F.2d 198 (9th Cir. 1987) Franklin R. DAVIS, by George W. MONK, as Conservator of the person and estate of Franklin Davis, Plaintiff-Appellant, v. Otis R. BOWEN, et. al., Defendant-Appellees. No. 85-2839. United States Court of Appeals, Ninth Circuit June 12, 1987

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Decided May 20, 1988.

N.D.Cal.

AFFIRMED.

Appeal from United States District Court for the Northern District of California; William W. Schwarzer, District Judge, Presiding.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3.

Before JAMES R. BROWNING, Chief Judge, and PREGERSON and ALARCON, Circuit Judges.

Appellant appeals the district court's order of February 1, 1985 dismissing all of his claims except his claim to review disability and SSI benefits, and denying his motion for transfer of venue.

The district court properly treated appellant's complaint as a petition for review under 42 U.S.C. § 405(g). See Heckler v. Ringer, 466 U.S. 602, 617 (1984). The district court did not abuse its discretion by denying the motion to transfer the case for appellant's convenience to participate in the hearing since no hearing was required to review the administrative record. Moreover, since review under 405(g) is based on the administrative record no discovery was necessary. Finally, contrary to appellant's assertion, W.C. v. Bowen, 807 F.2d 1502 (9th Cir.), amended, 819 F.2d 237 (1987), does not affect the present case.

We have reviewed the record and find appellant's remaining contentions to be without merit.

AFFIRMED.


Summaries of

Davis by Monk v. Bowen

United States Court of Appeals, Ninth Circuit
Jun 12, 1987
848 F.2d 198 (9th Cir. 1987)
Case details for

Davis by Monk v. Bowen

Case Details

Full title:Franklin R. DAVIS, by George W. MONK, as Conservator of the person and…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 12, 1987

Citations

848 F.2d 198 (9th Cir. 1987)