Opinion
2:18-CV-11677-TGB
06-12-2018
THERESA KAY ECKMAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER TRANSFERRING CASE TO WESTERN DISTRICT OF MICHIGAN
This case is an appeal from the denial of Social Security benefits. Plaintiff states that she resides in Osceola County, Michigan. Osceola County is in the Western District of Michigan. See 28 U.S.C. § 102(b)(1). Plaintiff, however, brought this case in the Eastern District of Michigan. It is well-established that the transfer of venue is a matter with the sound discretion of a district court. Norwood v. Kirkpatrick, 349 U.S. 29, 31-33, 75 S.Ct. 544, 99 L.Ed. 789 (1955). A motion for transfer of venue is not required, and the court may enter an order sua sponte. Carver v. Knox County, Tenn., 887 F.2d 1287, 1291 (6th Cir. 1989). Pursuant to the Social Security Act, an action brought against the Commissioner must be brought in the judicial district where the plaintiff resides. See 42 U.S.C. § 405(g); see also Wright v. Comm'r of Soc. Sec., No. 07-CV-15403-DT, 2008 WL 2246043 (E.D. Mich. May 30, 2008). As such, the Court hereby ORDERS that this case be TRANSFERRED to the United States District Court for the Western District of Michigan, Southern Division.
SO ORDERED.
BY THE COURT:
s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE Dated: June 12, 2018
Certificate of Service
I hereby certify that this Order was electronically submitted on June 12, 2018, using the CM/ECF system, which will send notification to each party.
s/A. Chubb
Case Manager