Horshaw v. Ware et al

Filing 4

ORDER entered by Judge Sara Darrow on April 8, 2015, TRANSFERRING case to the Northern District of Illinois. (JP, ilcd)

E-FILED

Wednesday, 08 April, 2015 10:42:58 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
ROCK ISLAND DIVISION
KIRK HORSHAW,
Petitioner,
v.
DET. WARE et al.,
Respondents.

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No. 4:15–cv–4036–SLD

ORDER
Before the Court is Kirk Horshaw’s Petition for Habeas Corpus.
A prisoner may file a habeas corpus petition in the judicial district where the petitioner is
in custody or the judicial district where he was convicted. 28 U.S.C. § 2241(d). The district court
where the application was filed, in its discretion and in furtherance of justice, may transfer the
petition to another appropriate district for hearing and determination. Id. The district court
located where a prisoner was convicted, which often sits closer to the material events, witnesses,
and record from an underlying criminal matter, is better suited to review claims attacking a
conviction or sentence than the district court located where a prisoner is confined.
Petitioner Horshaw was convicted in the Circuit Court of Cook County, Illinois. He is
incarcerated at the Stateville Correctional Center—located in Crest Hill, Illinois. Petitioner
alleges various constitutional defects with his criminal conviction. Accordingly, the Court finds
the interests of justice require the transfer of this matter to the United States District Court for the
Northern District of Illinois.

ENTERED:

April 8, 2015

s/ Sara Darrow
SARA DARROW
UNITED STATES DISTRICT JUDGE