Gilyard v. Robert

Filing 8

ORDER TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to Northern District of Illinois. See Order for details. Signed by Chief Judge David R. Herndon on 1/7/13. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MICHAEL L. GILYARD,
Petitioner,
No. 12-01154

vs.
BRADLEY J. ROBERT,
Respondent.

ORDER
HERNDON, Chief Judge:
Michael L. Gilyard, an Illinois state prisoner, has filed a pro se petition for a
writ of habeas corpus pursuant to 28 U.S.C. ' 2254. The petitioner challenges, on
multiple grounds, his sixty year sentence for felony murder predicated on home
invasion.
The petitioner was convicted in Lake County, Illinois.

Lake County lies

within the Northern District of Illinois federal judicial district. See 28 U.S.C. '
93(a). Under 28 U.S.C. ' 2241(d), a state prisoner is authorized to file a petition
for a writ of habeas corpus in either the federal judicial district of his confinement
or the federal judicial district of his conviction.

However, given the ready

availability of court records and, if necessary, potential witnesses, the district in
which the prisoner was convicted is generally considered the more convenient of
the two. See Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 493-94 (1973).
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Accordingly, finding the district of conviction a more desirable forum of this
action, the Court, pursuant to the discretion granted it under 28 U.S.C. ' 2241(4),
ORDERS this action transferred to the United States District Court for the
Northern District of Illinois at Eastern Division for preliminary consideration
under Rule 4 of the Rules Governing Section 2254 Cases. This case is closed on
the Court=s docket.

Digitally signed
by David R.
Herndon
Date: 2013.01.07
13:14:04 -06'00'

IT IS SO ORDERED.
Signed this 7th day of January, 2013.

Chief Judge
United States District Court

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