Suarez v Hinthorne
| Jose Suarez |
| Cheeryl Hinthorne |
| Habeas Attorney General |
| 1:2023cv01196 |
| May 18, 2023 |
| US District Court for the Central District of Illinois |
| Michael M Mihm |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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| Remark: Case transferred from Illinois Central has been opened in Northern District of Illinois - CM/ECF NextGen 1.7.1.1 as case 1:23-cv-04241, filed 06/30/2023. (TK) |
| Case transferred to the Northern District of Illinois. (AEM) |
TEXT ORDER Entered by Judge Michael M. Mihm on 6/23/2023. On May 18, 2023, Petitioner filed a habeas petition under 28 U.S.C. 2254 challenging two convictions in Cook County, Case Nos. 10-CR-8094 and 13-CR-21572. The Petition asks this Court to vacate his convictions and seeks immediate release from imprisonment. (D. 1, p. 8). In both cases, Petitioner was convicted and sentenced in Cook County, Illinois, which is situated in the federal judicial district for the Northern District of Illinois. 28 U.S.C. 93(a)(2). He is currently confined in this District at the Illinois River Correctional Center in Canton, Illinois. While both this Court and the Northern District of Illinois have jurisdiction over this action, this Court deems it appropriate to transfer the case to the Northern District of Illinois. See 28 U.S.C. 2241. Generally, a habeas corpus petition is most desirable in the district where the material events took place and where the records and witnesses are likely found. Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484, 493-94 (1973). Section 1404(a) authorizes the Court to transfer this action to any other district where it might have been brought, based on the convenience of parties and witnesses and in the interest of justice. 28 U.S.C. 1404(a). This Court finds that the Northern District of Illinois is a more convenient forum for the hearing and determination of this habeas corpus action; particularly because potential witnesses and records regarding his convictions are in that District. Therefore, pursuant to 28 U.S.C. 2241(d) and 1404(a), and on the Court's own motion, it is ORDERED that this action is TRANSFERRED to the United States District Court for the Northern District of Illinois for such further proceedings as that Court may deem appropriate. (AEM)
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| Filing fee Received: $ 5.00, receipt number PIA100002402 (AH) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Jose Suarez.(AH) |
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