Nunez v. Commissioner of Social Security
- Laura Swain
- 1:25-cv-02768
- U.S. District Court · Southern District of New York
- 2
In Nunez v. Commissioner of Social Security, Judge Swain transferred the disability-benefits case to the Eastern District of New York because venue was improper.
Javier Nunez’s Social Security review action was transferred from the Southern District of New York to the Eastern District of New York; the Commissioner of Social Security remains the defendant.
What happened
Nunez v. Commissioner of Social Security is a pro se case seeking review of the Commissioner’s decision denying Javier Nunez disability benefits under the Social Security Act. Nunez alleged that he resides in Brooklyn, Kings County, New York.
The court held that venue was not proper in the Southern District of New York because Nunez’s alleged residence is in Kings County and he did not allege a principal place of business. The court determined that the Eastern District of New York was the proper venue and transferred the action there.
Judge Laura Taylor Swain directed the Clerk to transfer the case, stated that the receiving court would decide whether Nunez could proceed without paying fees, and ordered that no summons issue from the Southern District. The court also closed the case there and denied fee-free status for any appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Nunez v. Commissioner of Social Security · No. 1:25-cv-02768
- Laura Swain
- Apr. 3, 2025
Background
Javier Nunez brought this pro se action seeking judicial review of the Commissioner of Social Security’s decision denying his application for disability benefits. The opinion cites 42 U.S.C. §§ 405(g) and 1383(c)(3) as the statutory provisions authorizing review.
Nunez alleged that he resides in Brooklyn, Kings County, New York. He did not allege a principal place of business.
Venue ruling
The court explained that a Social Security review action may be filed only in the federal district where the plaintiff resides or has a principal place of business, or, if neither is in a federal district, in the District of Columbia. Because Nunez alleged a residence in Kings County, which is within the Eastern District of New York, the court concluded that venue was not proper in the Southern District of New York.
Disposition
Under 28 U.S.C. § 1406(a), the court transferred the action to the United States District Court for the Eastern District of New York. The Clerk was directed to make the transfer. The court stated that the Eastern District of New York would decide whether Nunez could proceed without paying filing fees. The Southern District court ordered that a summons not issue from that court and stated that the order closed the case there.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied fee-free status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.