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Johnson v. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Jul 3, 2012
CASE NO. 1:12-cv-01068-SMS (E.D. Cal. Jul. 3, 2012)

Opinion

CASE NO. 1:12-cv-01068-SMS

07-03-2012

DARELL JOHNSON, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.


ORDER TRANSFERRING CASE

TO SACRAMENTO DIVISION

On June 29, 2012, Plaintiff filed a complaint in this Court seeking review of the Commissioner's denial of his application for disability benefits. Plaintiff resides in Elk Grove, Sacramento County, California.

Federal law is clear on the issue of venue; the claimant must file suit in the judicial district where he or she resides. 42 U.S.C. § 405(g); Loc. R. 120 (d). In this instance, Plaintiff incorrectly filed his complaint in the Fresno Division of the Eastern District of California rather than the Sacramento Division, the venue in which Plaintiff resides. When a claimant files in the wrong division, then the Court may, on its own motion, transfer venue to the proper district. Loc. R. 120 (f).

Accordingly, the Court hereby ORDERS that this case be transferred to the Sacramento District of the United States District Court for the Eastern District of California. IT IS SO ORDERED.

Sandra M. Snyder

UNITED STATES MAGISTRATE JUDGE


Summaries of

Johnson v. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Jul 3, 2012
CASE NO. 1:12-cv-01068-SMS (E.D. Cal. Jul. 3, 2012)
Case details for

Johnson v. Astrue

Case Details

Full title:DARELL JOHNSON, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Jul 3, 2012

Citations

CASE NO. 1:12-cv-01068-SMS (E.D. Cal. Jul. 3, 2012)