Alexander v. Social Security Administration
- Proceeding
- district
- Area
- civil
- Panel
- Andrew G. Schopler (author)
Analysis
The court reviewed a pro se plaintiff's complaint against the Social Security Administration, finding that the plaintiff resided in Los Angeles County and no events giving rise to the claim occurred in the Southern District of California. The court ordered the case transferred to the United States District Court for the Central District of California, Western Division, for lack of proper venue.
| What the court decided | The model |
|---|---|
Transfer of civil action for lack of proper venue“Thus, the Clerk must TRANSFER this civil action for lack of proper venue, in the interests of justice, and for the convenience of the parties, to the United States District Court for the Central District of California, Western Division.” | agree with court The court correctly identified that venue was improper in the Southern District of California because the plaintiff resided in Los Angeles County (Central District) and no events occurred in the Southern District. Under 28 U.S.C. § 1404(a), a district court may transfer a civil action to another district where it might have been brought if the transfer is in the interest of justice and for the convenience of the parties. The court's determination that the Central District of California, Western Division, is the proper venue aligns with the statutory venue requirements under 28 U.S.C. § 1391(b). |
The order itself: sound — The order is procedurally correct and relies on appropriate authorities. It correctly applies the statutory venue rules and the power to transfer under 28 U.S.C. § 1404(a). The reasoning is concise but sufficient for a pro se case with clear venue defects.
Opinion
1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA 3 LIAM A., Case No.: 24-cv-0253-AGS-BGS 4 Plaintiff, ORDER TRANSFERRING CIVIL 5 v. ACTION FOR LACK OF PROPER VENUE 6 7 SOCIAL SECURITY ADMINISTRATION, 8 9 Defendant. 10 11 Plaintiff, proceeding without an attorney, seems to have filed his complaint against 12 the Social Security Administration in the wrong court. (See ECF 1.) He lists his county of 13 residence as Los Angeles (see ECF 1-1) and his street address in Beverly Hills, Los Angeles 14 County (see ECF 1, at 1). Nothing connects his case to this District. 15 Plaintiff has the burden of “proving that venue is proper in the district in which the 16 suit was initiated.” Airola v. King, 505 F. Supp. 30, 31 (D. Ariz. 1980). The court itself 17 may raise venue defects when the defendant has not yet filed a responsive pleading and the 18 time for doing so has not run. Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986). 19 A “civil action may be brought in–(1) a judicial district in which any defendant 20 resides, if all defendants are residents of the State in which the district is located; [or] (2) a 21 judicial district in which a substantial part of the events or omissions giving rise to the 22 claim occurred, or a substantial part of property that is the subject of the action is 23 situated[.]” 28 U.S.C. § 1391(b); Costlow, 790 F.2d at 1488. If a case “falls within” these 24 categories, then “venue is proper: if it does not, venue is improper, and the case must be 25 dismissed or transferred.” Atlantic Marine Const. Co. v. United States Dist. Ct. for W. Dist. 26 of Texas, 571 U.S. 49, 56 (2013). 27 “The Southern District of California comprises the counties of Imperial and 28 San Diego.” 28 U.S.C. § 84(d). Yet no event or omission giving rise to this suit allegedly 1 || occurred in these counties, and no defendant is alleged to reside here. So, the proper venue 2 ||is the Central District of California, Western Division. See 28 U.S.C. § 1391(b); Costlow, 3 F.2d at 1488. 4 Thus, the Clerk must TRANSFER this civil action for lack of proper venue, in the 5 ||interests of justice, and for the convenience of the parties, to the United States District 6 || Court for the Central District of California, Western Division. 7 || Dated: March 5, 2024 9 Hon. rew G. Schopler United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 a me