Valdez
Valdez v. Santa Cruz Superior Court
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ISMAEL VALDEZ, S-264952, Case No. 25-cv-01369-CRB (PR)
Petitioner, ORDER DISMISSING PETITION FOR
A WRIT OF HABEAS CORPUS
v. (ECF Nos. 2 & 5) SANTA CRUZ SUPERIOR COURT, et al., Respondent(s).
Petitioner Ismael Valdez, a pretrial detainee at the Santa Cruz County Jail facing various state criminal charges in Santa Cruz County Superior Court, has filed a pro se petition for a writ of habeas corpus seeking the dismissal of the state criminal proceedings against him on grounds of police misconduct. Petitioner also seeks leave to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915. Petitioner may challenge his pretrial detention on state criminal charges by way of a petition for a writ of habeas corpus under 28 U.S.C. § 2241. But principles of comity and federalism require that this court abstain and not entertain any such pre-sentence habeas challenge unless petitioner shows that: (1) he has exhausted available state judicial remedies,…