PURVIS v. COLVIN, 1:15CV329-SRW(WO). (2015)
Court: District Court, M.D. Alabama
Number: infdco20150521896
Visitors: 16
Filed: May 20, 2015
Latest Update: May 20, 2015
Summary: ORDER SUSAN RUSS WALKER , Chief Magistrate Judge . Plaintiff brings this action pursuant to 42 U.S.C. 405(g) seeking review of a decision of the Commissioner of Social Security denying his claim for benefits. For 405(g) actions, venue is proper in the judicial district in which the plaintiff resides or has his principal place of business, unless there is no such district. See 42 U.S.C. 405(g). In his unverified complaint, plaintiff alleges that he "is a resident citizen of Houston C
Summary: ORDER SUSAN RUSS WALKER , Chief Magistrate Judge . Plaintiff brings this action pursuant to 42 U.S.C. 405(g) seeking review of a decision of the Commissioner of Social Security denying his claim for benefits. For 405(g) actions, venue is proper in the judicial district in which the plaintiff resides or has his principal place of business, unless there is no such district. See 42 U.S.C. 405(g). In his unverified complaint, plaintiff alleges that he "is a resident citizen of Houston Co..
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ORDER
SUSAN RUSS WALKER, Chief Magistrate Judge.
Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) seeking review of a decision of the Commissioner of Social Security denying his claim for benefits. For § 405(g) actions, venue is proper in the judicial district in which the plaintiff resides or has his principal place of business, unless there is no such district. See 42 U.S.C. § 405(g). In his unverified complaint, plaintiff alleges that he "is a resident citizen of Houston County, Alabama[.]" (Doc. # 1, ¶ 1). However, in the declaration that he filed in support of his motion to proceed in forma pauperis, plaintiff identifies his legal residence as "Marianna, Florida." (Doc. # 2-1, ¶ 12). Plaintiff's counsel has informed intake staff in the office of the Clerk of the Court that the legal residence plaintiff identified in his declaration — Marianna, Florida — is correct. Marianna lies within the Northern District of Florida. See 28 U.S.C. § 89(a)(1).
Accordingly, it is
ORDERED that, because venue is improper in this district, this action is hereby transferred to the United States District Court for the Northern District of Florida pursuant to 28 U.S.C. § 1406(a).
Source: Leagle
