United States v. Jones, 2:17-cr-00207

Defendant Shafia M. Jones filed a "Notice of Removal" under 28 U.S.C. §1455 seeking to remove a Wisconsin state criminal prosecution (Fond du Lac County Case No. 2016CF115) to federal court.
Public records show state charges of assault by a prisoner (Wis. Stat. §946.43(2m)(a)) and disorderly conduct (Wis. Stat. §947.01(1)); Jones did not attach the state charging documents to her federal notice.
Jones argued that due process requires federal removal because the alleged victim is a county bailiff who is a friend of local judges, creating bias; she also referenced prior alleged wrongful conviction and prosecutorial misconduct.
28 U.S.C. §1455 requires a defendant to attach all process/pleadings, file within 30 days of arraignment, include all grounds for removal, and mandates summary remand when removal is clearly improper.
The federal court found Jones’s notice untimely (arraignment May 20, 2016; removal filed Nov. 28, 2017), procedurally defective for lacking required attachments, and substantively unsupported by any proper statutory basis for removal.
The court ordered summary remand to the Fond du Lac County Circuit Court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness under 28 U.S.C. §1455(b)(1)	N/A	Removal filed within permissible time	Denied — notice untimely (filed ~18 months after arraignment)
Compliance with §1455(a) attachment requirement	N/A	Attachments not required / not provided	Denied — defendant failed to attach process/pleadings as required
Proper statutory basis for removal (general §1455)	N/A	Cites §1455 as authority to remove	Denied — §1455 is procedural only; must invoke another substantive removal statute
Removal under 28 U.S.C. §1443 (civil rights)	N/A	Removal justified by Fourteenth Amendment due process violations	Denied — §1443(1) limited to laws protecting racial equality; Fourteenth Amendment due process claim insufficient; §1443(2) applies only to federal officers

City of Greenwood v. Peacock, 384 U.S. 808 (1966) (§1443(2) removal privilege limited to federal officers or their agents)
Georgia v. Rachel, 384 U.S. 780 (1966) (§1443(1) requires rights provided in terms of racial equality; general constitutional claims insufficient)
Fenton v. Dudley, 761 F.3d 770 (7th Cir. 2014) (to remove under §1443(1) defendant must show claim involves a law providing equal civil rights)