Opinion
03 Civ. 1362 (KMW) (GWG)
August 8, 2003
OPINION AND ORDER
Plaintiff William D. Adams brings this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of a final decision of the Commissioner of Social Security (the "Commissioner") denying him disability benefits under the Social Security Act. The Commissioner has now moved to transfer this case to the United States District Court for the Eastern District of New York. Because such a motion is non-dispositive, this Court will adjudicate it by order pursuant to 28 U.S.C. § 636(b)(1)(A). See, e.g., Surotchak v. Apfel, 1999 WL 301705, at *1 (W.D.Va. Feb. 8, 1999); Daniel v. Am. Bd. of Emergency Med., 988 F. Supp. 127, 255 n. 157 (W.D.N.Y. 1997) (citing cases).
I. PROCEDURAL HISTORY
Adams filed his complaint on February 27, 2003. See Complaint, filed February 27, 2003 (Docket #2). The complaint seeks to challenge a decision by the Commissioner denying Adams' application for social security benefits for injuries to his shoulder, lower back and left knee. See id. ¶¶ 4-8. In his complaint, Adams stated that his address is 21-10 Borden Avenue, Long Island City, New York, id. ¶ 2, which is located within the County of Queens.
After receiving an extension of time to respond to the complaint, the Commissioner filed the instant motion seeking to transfer this case to the Eastern District of New York pursuant to 28 U.S.C. § 1406(a) or dismissal pursuant to Fed.R.Civ.P. 12(b)(3). Adams thereafter submitted his opposition to the motion.
II. DISCUSSION
The statute governing judicial review of decisions of the Commissioner states in relevant part that a civil action to review such a decision must 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." 42 U.S.C. § 405(g). When an action is filed in the wrong judicial district, it must be transferred to the proper judicial district, see, e.g., McNemere v. Bullock County Soc. Sec. Dep't, 2001 WL 303289, at *1 (S.D.Ala. Mar. 13, 2001); Surotchak, 1999 WL 301705, at *1; Crow v. Shalala, 1995 WL 125474, at *1 (N.D.Cal. Mar. 10, 1995); Mazaleski v. Sullivan, 1992 WL 205095, at *2 (D.D.C. Aug. 7, 1992); Colorado Clinical Labs, Inc. v. Sullivan, 715 F. Supp. 985, 987 (D.Colo. 1989), or dismissed, see, e.g., Bercovici v. Sullivan, 1993 WL 106376, at *1 (S.D.N.Y. Apr. 7, 1993).
Adams resides in Queens, which is within the Eastern District of New York. See 28 U.S.C. § 112(c). Adams does not claim to maintain a place of business within the Southern District of New York. Instead, he argues that the case should not be transferred because he is currently homeless and may be moved to a different shelter in the future. Adams is concerned that if he is moved to a shelter outside of the Eastern District, his case would be transferred again and a decision on his claim would be delayed. See Notification of Motion in Opposition, filed 2 June 6, 2003 (Docket #9), at 4. The Commissioner responds that any change of residence by Adams would not require a transfer of venue and thus that the case would remain in the Eastern District of New York regardless of any move. See, e.g., Ryan v. Brady, 776 F. Supp. 1, 2 (D.D.C. 1991) ("once the action has been filed in the appropriate court, the case may stay in that court for venue purposes even if the plaintiff is subsequently transferred to a new [venue]"), aff'd on other grounds, 12 F.3d 245 (D.C. Cir. 1993).
It is unnecessary to reach this question, however, because the statute is clear that the instant case was in the wrong district at the time of its filing. The contingency contemplated by Adams in fact has not occurred. Because section 405(g) is clear that the case was improperly filed in the Southern District of New York and there is no basis for maintaining the suit here now, it must be transferred to the Eastern District of New York.
Conclusion
For the foregoing reasons, the Commissioner's motion to transfer this case to the United States District Court for the Eastern District of New York is granted. The Clerk is requested to transfer the case to that Court and to close the case in the Southern District of New York.