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United States District Court
For the Northern District of Illinois, Eastern Division
)Linda L. Shelton)Motion for RemovalMovant-Defendant))State Court No. 04 CR 17571v.)Circuit Court of Cook County)State of Illinois)Honorable Jorge AlonsoRespondent-Plaintiff)Judge Presiding
MOTION FOR REMOVAL OF THIS CAUSE TO FEDERAL COURT
 NOW COMES, Linda Shelton, Movant/Defendant pro se, who respectfully moves thisHon. Court to remove this criminal case from State Court to Federal District Court. In support of said motion Petitioner states as follows:Removal is requested pursuant to the jurisdiction placed on the Federal Court by 28U.S.C. §1446(a) et seq. It is particularly appropriate because defendant is charged with a crimeunder state law for action taken to carry out a duty, or to exercise an authority or entitlement,deriving from federal law, and the State Court by fiat is stating that “federal law does not apply.”Specifically defendant was involved with providing medical and psychiatric services under the joint Federal/State Medicaid program. The State Medicaid Code is a joint Federal and State program where State laws are dependent upon and coordinated with the Federal Code and anycriminal prosecution REQUIRES consent of the Federal government through the Federal Code pertaining to State Medicaid Fraud Control Units. This pleading is being filed before trial has begun on the morning of the first day of trial, in as fast and timely fashion as possible after therecent unconstitutional rulings of the State Court that carve in stone denial of due process at trial.1
 
A concurrently filed Emergency Motion for Stay of Proceedings was filed and it is hoped thatthis Honorable Court will stay the unconstitutional State Court proceedings until this motion can be heard on the merits.Defendant was indicted on July 15, 2004 before the Circuit Court of Cook County for theState offense of Medicaid Vendor Fraud, a violation of the Illinois Compiled Statutes, Chapter 305, Section 5/8A-3(a). This statute does NOT give the Illinois Attorney General, Lisa Madigan,(“AG”) authority to indict and prosecute anyone, as some state statutes on gambling and other issues do. By statute ONLY the County State’s Attorney can decide charges, after review of evidence, absent special authority granted to the AG by statute or incapacity of the CountyState’s Attorney. Medicaid is a joint Federal and State program and Medicaid Vendor Fraud is afederal crime under 18 U.S.C. 371 mail fraud, 18 U.S.C. 1341 filing false claims, and 18 U.S.C.287 fraudulent claims, a violation of 18 U.S.C. 1347 health care fraud. Defendant has absolutelyand categorically pled not guilty and has staunchly maintained that she is innocent and a victimof ID theft. The State Court has refused to permit defendant to argue this issue before it.Defendant has continually pleaded that this case is void and that she does not recognizethe jurisdiction of the court or alleged prosecutor, AG, who is prosecuting defendant withoutlegal authority as the Illinois Constitution and State laws give the sole authority to decide charges based on review of evidence, appear before the grand jury, and prosecute criminal matters to theState’s Attorneys of the Counties, unless the State’s Attorney has given consent, decided thecharges, and invited the Attorney General to take over the case without further involvement of the State’s Attorney or a state statute specifically gives special authority for the AG to indict and prosecute a case. (see exhibits 08 C 6216, hereby fully incorporated in this pleading as if part of this pleading – both section of Motion for Leave to File Petition for Habeas Corpus in Illinois2
 
Supreme Court and Motion for Leave to File Appeal contain detailed argument on this issue).The State’s Attorney has had no involvement in the indictment or prosecution of defendant.Therefore, the AG is acting without authority or jurisdiction.Defendant has also continually argued that case is void because the “special” grand jurywas illegally impaneled, the indictment is fatally insufficient, the Statute of Limitations has runout, and speedy trial has run out through the illegal actions of the Court. The court record wouldconfirm this. Again, arguments and case law are detailed in exhibits to 08 C 6216 in where JudgeCoar has granted leave to incorporate exhibits from 08 C 4627. Each of these documents isclearly labeled and clearly indexed. The State Court has ignored and not completely hearddefendant’s arguments on these issues, thus adding to the lawlessness of the State Court in actingwithout jurisdiction, and refusing to hear pro se counsel as required by the Illinois SupremeCourt Canons for Judges.Finally, the State Court has forced an attorney, hired in 2007 by defendant’s family to tryto deal with these unconstitutional rulings, then fired by defendant last month, to continue torepresent defendant over her objection and statement that she insists on representing herself,without pay (defendant had agreed to pay him an hourly rate and this agreement was terminatedwhen she fired him.) This is a violation of defendant’s rights under the Faretta doctrine as well asthe attorney’s right to be paid and not work as a slave.Defendant is representing herself presently before Honorable Judge Coar in a habeascorpus petition, before Honorable Judge Lefkow in a civil rights action, and before thisHonorable Court, as well as in injunctions against the State of Illinois for violating State law andcivil rights, as well as in a malpractice suit before the following Circuit Court of Cook CountyJudges: Judges Novak, Maki, Kogan, and Rochford . She has successfully defended herself in 193
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Dr Linda Shelton

I have suffered a civil death due to corrupt acts of officials in IL. I need help. See my other pleadings on this site and my blogs at http://drlindashelton.wordpress.com and other blogs listed as links on that site for info about me. Either volunteer to help me pro bono or consider a donation. I plead with anyone who reads this to donate money to my legal defense fund at: Shelton legal fund, C/O Albukerk & Associates, 3025 W 26th St. 2nd floor, Chicago, IL 60625. You may call me Albukerk at 773 847-2600 for information. (Delete)

reply09 / 22 / 2009
Dr Linda Shelton

As a pro se litigant it is often difficult to get all the case law. Unfortunately my motion has been denied and rightfully because of really unfortunate rulings by the US Supreme Court. In Georgia v. Rachel, 384 U.S. 780 (1966) the court ruled that 28 U.S.C 1443 removal of criminal cases applies only if a federal civil right was compromised due to racial discrimination. In Johnson v Mississippi, 421 U.S. 213 (1975) the court ruled that removal cannot be used to fight a State unconstitutional law, to enforce the Bill of rights or as a broad assertion that equal protection or due process rights are compromised.

reply02 / 23 / 2009
Dr Linda Shelton

Federal Judge Rebecca Palmeyer on 2-18-09 illegally denied motion for stay of state court proceedings, that was requested as Shelton has been threatened with physical harm and death by Cook County Sheriff staff and the Circuit Court of Cook County Judge Jorge Alonso has essentially waived the State of Illinois' right to try Shelton on violation of this joint Federal/State program by ruling that "federal law does not apply", as well as because Judge Alonso ruled that if Shelton went to federal court he would find her in contempt. This is an illegal penalty on Shelton's exercise of her contitutional right to seek removal to federal court so that she can obtain a fair hearing under the federal law that applies to this alleged crime. Then Judge Pallmeyer, even though she had no authority or jurisdiction to rule on the removal, because it was scheduled to be heard before Judge Bucklo on 2-23-09, ordered that the entire removal case was denied and remanded it back to State Court, essentially usurping the power of Judge Bucklo and the federal courts right to assign a judge to a case in a random fashion. Her order to deny and remand is therefore legally void, but Shelton will find it difficult to have this heard because from jail she will be denied access to the courts, beaten, medically neglected to the point she is incapacitated, and because the 7th Circuit routinely disregards and squashes pro se pleadings and the U.S. Supreme Court doesn't give a hoot and denies most meritorious isues before it. So Shelton has fled and is contemplating either going to Cuba and asking for political asylum as American Law is disregarded by the courts and she has no hope of justice, or committing suicide as she is simply worn out and despondent over the injustices she is experiencing that have ended her life as she had hoped to live it in service to her community.

reply02 / 23 / 2009
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