1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 ROBERT REGINALD ESTRADA, DNY775, Case No. 20-cv-04096-CRB (PR) 6 Petitioner, ORDER DISMISSING PETITION 5 FOR A WRIT OF HABEAS CORPUS (ECF No. 2) 8 SANTA CLARA COUNTY JAIL, et al., 9 Respondent. 10 Petitioner, a pretrial detainee facing state criminal charges in Santa Clara County Superior 11 Court, has filed a petition for a writ of habeas corpus challenging the proceedings against him. He 12 || also moves to proceed in forma pauperis (ECF No. 2) which, good cause appearing, is granted. 5 13 Petitioner may challenge his pretrial detention on state criminal charges by way of a S 14 || petition for a writ of habeas corpus under

. But principles of comity and 15 || federalism require that this court abstain and not entertain any such pre-sentence habeas challenge z 16 unless petitioner shows that: (1) he has exhausted available state judicial remedies, and (2) 5 17 “special circumstances” warrant federal intervention. Carden v. Montana,

(9th 18 || Cir. 1980). Only in cases of proven harassment or prosecutions undertaken by state officials in 19 || bad faith without hope of obtaining a valid conviction and perhaps in other special circumstances 20 || where irreparable injury can be shown is federal injunctive relief against pending state 21 prosecutions appropriate.

at 84 (citing Perez v. Ledesma,

(1971)). Petitioner 22 || makes no such showing of “special circumstances” warranting federal intervention. See

The 23 || petition accordingly is DISMISSED without prejudice to refiling after state criminal proceedings, 24 || including appeal, are completed. 25 IT IS SO ORDERED. 26 Dated: June 22, 2020 27 CHARLES R. BREYER 28 United States District Judge