federal court must abstain from 26 entertaining pre-sentence habeas petition raising speedy trial claim absent special circumstances
How later courts described this case
- federal court must abstain from 26 entertaining pre-sentence habeas petition raising speedy trial claim absent special circumstances
Written by the judges who cited it.
The opinion
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4 UNITED STATES DISTRICT COURT
5 NORTHERN DISTRICT OF CALIFORNIA
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7 LEWIS FRANCIS SMITH, #17-00662784, Case No. 20-cv-01474-CRB (PR)
8 Petitioner, ORDER DISMISSING PETITION
FOR A WRIT OF HABEAS
9 v. CORPUS
10 DISTRICT ATTORNEY'S OFFICE, (ECF No. 4)
11 Respondent.
12 Petitioner, a pretrial detainee facing state criminal charges in San Francisco County
13 Superior Court, has filed a pro se petition for a writ of habeas corpus challenging the criminal
14 proceedings against him primarily on the grounds that his speedy trial rights are being violated by
15 a lengthy delay in prosecution. He also seeks leave to proceed in forma pauperis (IFP) under 28
16 U.S.C. § 1915 (ECF No. 4) which, good cause shown, is granted.
Petitioner may challenge his pretrial detention on state criminal charges by way of a
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petition for a writ of habeas corpus under 28 U.S.C. § 2241. But principles of comity and
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federalism require that this court abstain and not entertain any such pre-sentence habeas challenge
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unless petitioner shows that: (1) he has exhausted available state judicial remedies, and (2)
20 “special circumstances” warrant federal intervention. Carden v. Montana, 626 F.2d 82, 83-84 (9th
21 Cir. 1980). Only in cases of proven harassment or prosecutions undertaken by state officials in
22 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
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prosecutions appropriate. Id. at 84 (citing Perez v. Ledesma, 401 U.S. 82, 85 (1971)). Petitioner
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makes no such showing of “special circumstances” warranting federal intervention. See id. at 84;
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see also Brown v. Ahern, 676 F.3d 899, 903 (9th Cir. 2012) (federal court must abstain from
26 entertaining pre-sentence habeas petition raising speedy trial claim absent special circumstances).
27 The instant pre-sentence habeas petition accordingly is DISMISSED without prejudice to
1 The clerk is instructed to close the file and terminate all pending motions as moot.
2 IT IS SO ORDERED.
3 Dated: April 2, 2020
4 A AO
CHARLES R. BREYER
5 United States District Judge
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2 UNITED STATES DISTRICT COURT
3 NORTHERN DISTRICT OF CALIFORNIA
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LEWIS FRANCIS SMITH,
5 Case No. 3:20-cv-01474-CRB
Plaintiff,
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5 v. CERTIFICATE OF SERVICE
DISTRICT ATTORNEY'S OFFICE OF
8 || SAN FRANCISCO,
9 Defendant.
10 . . .
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
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District Court, Northern District of California.
That on April 2, 2020, I SERVED a true and correct copyCies) of the attached, by placing
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said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
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depositing said envelope in the U.S. Mail, or by placing said copy(es) into an inter-office delivery
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receptacle located in the Clerk's office.
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Z 18 Lewis Francis Smith ID: #17662784
San Francisco County Jail #5
19 1 Moreland Drive
San Bruno, CA 94066
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2 Dated: April 2, 2020
Susan Y. Soong
23 Clerk, United States District Court
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25 By. Tork tra¢
Lashanda Scott, Deputy Clerk to the
26 Honorable CHARLES R. BREYER
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