Opinion
No. C 03-3680 CRB (PR)
August 11, 2003.
ORDER OF DISMISSAL
Petitioner is a convicted felon with a history of sex crimes and a frequent litigant in this court. Shortly before he was scheduled to be released from prison for his most recent offense(s), the State of California began seeking his civil commitment to a state mental health facility under California's Sexually Violent Predators Act, Cal. Welf. Inst. Code § 6600, et seq. ("SVPA"). Pursuant to SVPA, the Superior Court of the State of California in and for the County of Santa Clara held a probable cause hearing on October 11, 2002 and determined that there is probable cause to believe that petitioner is likely to engage in predatory criminal behavior upon his release. The court then ordered a trial to determine whether petitioner is a "sexually violent predator" within the meaning of SVPA.
Petitioner is currently detained at the Santa Clara County Jail awaiting trial. He seeks a writ of habeas corpus under 28 U.S.C. § 2241/2254 claiming denial of his right to an "individualized determination" hearing for bail or release on his own recognizance under SVPA. He also seeks leave to proceed in forma pauperis under 28 U.S.C. § 1915.
Principles of comity and federalism require that this court abstain and not entertain a pre-sentence habeas challenge unless the petitioner 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). Because petitioner has shown neither his petition will be DISMISSED without prejudice. See id. at 84; cf. Finetti v. Harris, 609 F.2d 594, 597-98 (2d Cir. 1979) (state prisoner seeking to challenge in federal court the constitutionality of the denial of state bail must do so by way of a petition for writ of habeas corpus and must first exhaust state remedies by presenting his claims to the highest state court available for review).
The Clerk shall close the file and terminate all pending motions (see, e.g., doc # 3) as moot. No fee is due.
SO ORDERED.