1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ISMAEL VALDEZ, S-264952, Case No. 25-cv-01369-CRB (PR)

8 Petitioner, ORDER DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS 9 v. (ECF Nos. 2 & 5) 10 SANTA CRUZ SUPERIOR COURT, et al., 11 Respondent(s).

12 Petitioner Ismael Valdez, a pretrial detainee at the Santa Cruz County Jail facing various 13 state criminal charges in Santa Cruz County Superior Court, has filed a pro se petition for a writ of 14 habeas corpus seeking the dismissal of the state criminal proceedings against him on grounds of 15 police misconduct. Petitioner also seeks leave to proceed in forma pauperis (IFP) under 28 U.S.C. 16 § 1915. 17 Petitioner may challenge his pretrial detention on state criminal charges by way of a 18 petition for a writ of habeas corpus under

. But principles of comity and 19 federalism require that this court abstain and not entertain any such pre-sentence habeas challenge 20 unless petitioner shows that: (1) he has exhausted available state judicial remedies, and (2) 21 “special circumstances” warrant federal intervention. Carden v. Montana,

(9th 22 Cir. 1980). Only in cases of proven harassment or prosecutions undertaken by state officials in 23 bad faith without hope of obtaining a valid conviction and perhaps in other special circumstances 24 where irreparable injury can be shown is federal injunctive relief against pending state 25 prosecutions appropriate.

at 84 (citing Perez v. Ledesma,

(1971)). Petitioner 26 has not exhausted available state judicial remedies or shown that “special circumstances” 27 warranting federal intervention in this matter. See

The petition accordingly is DISMISSED ] But based solely on his affidavit of poverty, petitioner’s request to proceed IFP (ECF Nos. 2 |} 2 &5)is GRANTED. 3 The clerk is instructed to terminate all pending motions as moot and close this case. 4 IT ISSO ORDERED. 5 Dated: April 28, 2025 6 _2 iO CHARLES R. BREYER 7 United States District Judge 8 9 10 11 12

2B

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