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James v. Acevedo

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS ROCK ISLAND DIVISION


November 15, 2010

EDWARD JAMES, PETITIONER
v.
WARDEN GERARDO ACEVEDO RESPONDENT.

The opinion of the court was delivered by: Joe Billy McDADE United States Senior District Judge

OPINION & ORDER

Before the Court is a Letter from Petitioner, Edward James, which the Court construes as a motion to transfer venue. (Doc. 9). In his Letter, Petitioner alleges that this case was mistakenly transferred to the Central District of Illinois, and asks that the Court re-transfer his Petition to the United States District Court for the Southern District of Illinois. Petitioner is currently imprisoned at Hill Correctional Center in Galesburg, Illinois.*fn1 In his Petition he is challenging a conviction from a prison rule infraction at Lawrence Correctional Center in Lawrence, Illinois.

On October 20, 2010 the Honorable Judge Charles P. Kocoras transferred the case from the Northern District of Illinois to this Court. Judge Kocoras found that the place of Petitioner's conviction would be the most desirable forum for the action. However, upon review of the transfer order, it is clear that Judge Kocoras believed Lawrence Correctional Center to be located in Henry County, when it is actually located in Lawrence County, Illinois. Lawrence County is located in the southeastern portion of the state, within the Southern District of Illinois' judicial district.

Nevertheless, this Court has jurisdiction over Petitioner's claims because he is currently imprisoned within the Central District of Illinois' judicial district. Pursuant to 28 U.S.C. §2241(a), the district court for the district where the Petitioner is confined is the appropriate forum for habeas relief.*fn2 Because this Court finds that it has jurisdiction over Petitioner's claims and has already issued an order in the action, it hereby DENIES Petitioner's Letter seeking a transfer to the Southern District of Illinois.*fn3

Entered this 15th day of November, 2010.


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