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Gorell v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


April 28, 2008

HOWARD GORELL PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Judge Caputo

MAGISTRATE JUDGE MANNION

MEMORANDUM ORDER

Presently before the Court are Magistrate Judge Malachy E. Mannion's Report and Recommendation (Doc. 5) and Plaintiff Howard Gorrell's Objections thereto (Doc. 6). The Magistrate Judge recommended granting Plaintiff's motion to proceed in forma pauperis (Doc. 2) but noted that the Plaintiff resided in Mount Airy, Maryland and thus recommended that the action be transferred to the United States District Court for the District of Maryland. Plaintiff filed an objection stating that he "does not mean to object to this recommendation," except to state that he "has no official residence." Plaintiff stated in his January 22, 2008 Objection that he was living temporarily in a group home in Mount Airy, Maryland, but would be required to vacate that home by February 29, 2008. Plaintiff has since submitted notice of a change of address, indicating that his new physical address, and official mailing address, is now:

6425 Fairfield Road Fairfield, PA 17320.

(Notice of Change of Address, April 10, 2008, Doc. 8; see also Notice of Change of Address, February 7, 2008, Doc. 7.)

Because Fairfield, Pennsylvania, located in Adams County, is within the Middle District of Pennsylvania, it is no longer necessary to transfer this action to the United States District Court for the District of Maryland.

For the reasons set forth above, NOW, this 25th day of April 2008, IT IS HEREBY ORDERED THAT Magistrate Judge Mannion's Report and Recommendation (Doc. 5) is hereby ADOPTED in part and REJECTED in part, as follows:

(1) Plaintiff's motion to proceed in forma pauperis (Doc. 2) is GRANTED.

(2) This action is RECOMMITTED to Magistrate Judge Mannion for further proceedings consistent with this Memorandum Order.

A. Richard Caputo United States District Judge

20080428

© 1992-2008 VersusLaw Inc.



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