Opinion
No. C 01-3956 CRB (PR), No.C01-3978CRB (PR)
October 25, 2001
ORDER OF DISMISSAL
Petitioner, a pre-trial detainee in the Santa Clara County Jail, has filed two applications for a writ of habeas corpus under 28 U.S.C. § 2241. He is facing state criminal charges, but has not yet been tried, convicted or sentenced. Principles of cornity and federalism require that this court abstain and not entertain petitioner's pre-sentence habeas challenge unless he shows that: (1) he has exhausted available state judicial remedies, and (2) "special circumstances" warrant federal intervention. Carden v. Montana, 626 F.2d 82, 83-84 (9th Cir. 1980). Only in cases of proven harassment or prosecutions undertaken by state officials in bad faith without hope of obtaining a valid conviction and perhaps in other special circumstances where irreparable injury can be shown is federal injunctive relief against pending state prosecutions appropriate. Id. at 84 (citing Perez v. Ledesma, 401 U.S. 82, 85 (1971)). Petitioner makes no such showing of "special circumstances" warranting federal intervention. See id. The applications for a writ of habeas corpus are DISMISSED without prejudice to refiling after state criminal proceedings, including appeal, are completed.
The Clerk shall close the files and terminate all pending motions as moot. SO ORDERED.