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Linda Kruger v. Michael J. Astrue

December 14, 2011

LINDA KRUGER, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Gary R. Jones United States Magistrate Judge

ORDER

Plaintiff initiated this case by filing a complaint seeking review of the final decision of the Defendant Commissioner of the Social Security Administration (the "Commissioner") denying her application for Supplemental Security Income benefits. (Doc. 1.) Plaintiff also has filed a motion to proceed in forma pauperis, with a supporting affidavit. (Doc. 3.)

Pursuant to 42 U.S.C. § 405(g), venue for an action seeking judicial review of final decision of the Commissioner "[s]hall be brought in the district court of the United States for the judicial district in which the plaintiff resides, or has his principal place of business, or, if he does not reside or have his principal place of business within any such judicial district, in the United States District Court for the District of Columbia." 42 U.S.C. § 405(g). Thus, proper venue in this case is the district where the Plaintiff resides.

In Plaintiff's sworn affidavit filed in support of Plaintiff's Motion To Proceed In Forma Pauperis (Doc. 3), Plaintiff represents that her residence is located in Homossasa, Florida. Homossasa, Florida is within the geographical limits of Citrus County, Florida and not Levy County, Florida as alleged in the Complaint. Doc. 1, ¶2. Citrus County is within the territorial confines of the Ocala Division of the Middle District of Florida. Accordingly, pursuant to 42 U.S.C. § 405(g), venue has been improperly laid in this district and therefore this case should have been filed in the Middle District of Florida.

Pursuant to 28 U.S.C. § 1406(a) "[T]he district court of a district in which is filed a case laying venue in the wrong ... district shall dismiss, or if it be in the interest of justice, transfer such case to any district ... in which it could have been brought." Because the case was filed only recently transfer to the Middle District of Florida, and not dismissal, is in the interest of justice.

Accordingly, upon due consideration, it is ORDERED that: The Clerk is directed to TRANSFER this caseto the United States District Court for the Middle District of Florida, Ocala Division and close the file.

Gary R. Jones

20111214

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