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United States of America Ex Rel. Linda L. Shelton v. Cook County

June 20, 2012

UNITED STATES OF AMERICA EX REL. LINDA L. SHELTON
v.
COOK COUNTY JAIL EXECUTIVE DIRECTOR, CIRCUIT COURT OF COOK COUNTY



Name of Assigned Judge Robert W. Gettleman Sitting Judge if Other or Magistrate Judge than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT

The habeas corpus petition (Dkt. No. 1) is dismissed for failure to exhaust an available state court remedy. The Court declines to issue a certificate of appealability. Civil Case Terminated.

O[ For further details see text below.] Docketing to mail notices.

STATEMENT

Pro se petitioner Linda L. Shelton has brought seven related habeas corpus petitions. Shelton v. Circuit Court of Cook County, No. 12 C 4656 (N.D. Ill.) (Gettleman, J.), Shelton v. Circuit Court of Cook County, No. 12 C 4657 (N.D. Ill.) (Gettleman, J.), Shelton v. Circuit Court of Cook County, No. 12 C 4660 (N.D. Ill.) (Gettleman, J.), Shelton v. Circuit Court of Cook County, No. 12 C 4663 (N.D. Ill.) (Gettleman, J.), Shelton v. Circuit Court of Cook County, No. 12 C 4664 (N.D. Ill.) (Gettleman, J.), Shelton v. Circuit Court of Cook County, No. 12 C 4665 (N.D. Ill.) (Gettleman, J.), and Shelton v. Circuit Court of Cook County, No. 12 C 4666 (N.D. Ill.) (Gettleman, J.). These habeas corpus petitions arise from her pending seven misdemeanor cases in the Circuit Court of Cook County, Municipal Division, District One.

I. Background

According to attorney J. Nicolas Albukerk's affidavit attached to each habeas petition, he represents Shelton in one of the seven state cases. She is pro se in the others. (Shelton is pro se in all of the present federal habeas corpus petitions before this Court.) Albukerk provides an affidavit in all seven federal cases discussing Shelton's state cases.

Albukerk explains that Shelton is presently on trial before the Honorable Peggy Chiampas in the Circuit Court of Cook County in the seven cases. On March 21, 2012, Judge Chiampas sua sponte dismissed Shelton's pretrial motions. Shelton believes that she cannot receive a fair trial before Judge Chiampas, and did not appear for her May 29, 2012, court hearing. Judge Chiampas issued a bench warrant for Shelton's arrest. Shelton is now detained at the Cook County Jail.

On May 30 and 31, Mr. Albukerk contacted the Chambers of the Municipal District's Presiding Judge Kenneth E. Wright, Jr. Albukerk wanted to bring an Illinois state habeas corpus petition under 735 ILCS 5/10-124 challenging Shelton's confinement. Albukerk's understanding of Cook County Local Rules is that he must bring a habeas corpus petition before the presiding judge. Presiding Judge Wright's staff allegedly failed to assist Mr. Albukerk in filing Shelton's state habeas corpus petition. Shelton believes that she has no available state court remedy to challenge her current pretrial custody at the Cook County Jail due to the state court's failure to hear her state habeas corpus petition.

Shelton raises what she entitles an "emergency" habeas corpus petition before this Court. She explains that she has serious health problems and believes that she is suffering from an unlawful confinement due to the alleged deficiencies in medical care at the Cook County Jail. She is also raising the various pretrial challenges that were rejected by Judge Chiampas.

The Court's Executive Committee, when barring Shelton from bringing civil litigation or entering the Everett M. Dirksen Courthouse, noted that she was a "convicted felon, who has been diagnosed by her personal psychiatrist as having a 'psychiatric condition' resulting in her 'misconception of ongoing events.'" In re Shelton, No. 10 C 1995 (N.D. Ill Apr. 8, 2010) (Dkt. No. 10). The Executive Committee barred Shelton due to her excessive frivolous litigation and verbal harassment and confrontations with Court staff. (The barring order provides an exception for bringing habeas corpus petitions. (No. 10 C 1995, Dkt. No. 15).)

Shelton's present habeas corpus petitions are:

Shelton v. Circuit Court of Cook County, No. 12 C 4656 (N.D. ...


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