(SS)(PS) Logan v. Commissioner of Social Security
(SS)(PS) Logan v. Commissioner of Social Security
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EARNEST GODFREY LOGAN, JR., No. 2:25-cv-2256 AC 12 Plaintiff, 13 v. ORDER 14 SOCIAL SECURITY ADMINISTRATION, 15 Defendant. 16 17 Plaintiff, who is proceeding in pro se, has filed an application to proceed in forma 18 pauperis pursuant to
28 U.S.C. § 1915. ECF No. 2. 19 The federal venue statute provides that a civil action “may be brought in (1) a judicial 20 district in which any defendant resides, if all defendants are residents of the State in which the 21 district is located, (2) a judicial district in which a substantial part of the events or omissions 22 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 23 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 24 this action, any judicial district in which any defendant is subject to the court’s personal 25 jurisdiction with respect to such action.”
28 U.S.C. § 1391(b). 26 This case does not involve the denial of disability benefits under the Social Security Act, 27 but arises out of plaintiff’s experience at a Social Security office in Hemet, California. ECF No. 28 1 at 5. Plaintiff brings claims against two receptionists/clerks at that office for violations of the 1 | “Laws of Los Angeles, California” and professional negligence.
Id.Plaintiff is from Los 2 | Angeles, California, and the defendant is listed with an address in Hemet, California, which is in 3 || Riverside County. ECF No. 1 at 2. Both counties involved are located within the Central District 4 | of California. Therefore, plaintiff's case should have been filed in the United States District 5 || Court for the Central District of California. In the interest of justice, a federal court may transfer 6 || acomplaint filed in the wrong district to the correct district. See
28 U.S.C. § 1406(a); Starnes v. 7 || McGuire,
512 F.2d 918, 932(D.C. Cir. 1974). 8 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 9 || States District Court for the Central District of California. 10 | DATED: August 12, 2025 ~ Lhar—e_ 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
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