(SS)(PS) Thibodeau v. Commissioner of Social Security ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHAWN A. THIBODEAU, No. 2:21-cv-01474-AC 12 Plaintiff, 13 v. ORDER 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 18 Plaintiff, proceeding in pro se, filed this social security action and moved to proceed in 19 forma pauperis. ECF Nos. 1, 2. Plaintiff identified himself as a resident of Middletown Lake, 20 California, which is in Lake County. ECF No. 1 at 2. 21 The proper venue for judicial review of a final decision regarding a claim for Social 22 Security benefits is the United States district court of the judicial district where the plaintiff 23 resides or has his or her place of business, or if the plaintiff’s residence or principal place of 24 business is outside any such judicial district, in the United States District Court for the District of 25 Columbia. 42 U.S.C.A. § 405(g). In this case, plaintiff resides in Lake County, which is part of 26 the Northern District of California. Therefore, plaintiff’s claim should have been filed in the 27 United States District Court for the Northern District of California. In the interest of justice, a 28 federal court may transfer a complaint filed in the wrong district to the correct district. See 28 1 || US.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 2 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 3 || States District Court for the Northern District of California. 4 | DATED: August 31, 2021 ~ 5 Lhar—e_ ALLISON CLAIRE 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28