Shukry Messiah v. Bakersfield Municipal Court

65 F.3d 175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Shukry MESSIAH, Petitioner-Appellant, v. BAKERSFIELD MUNICIPAL COURT, Respondent-Appellee. No. 95-15398. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1995. * Decided Aug. 22, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Shukry Messiah appeals pro se the denial of his petition for a writ of habeas corpus under 28 U.S.C. Sec. 2254 or 2241 and his request for a stay of state criminal proceedings under 28 U.S.C. Sec. 2251 . We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 "As an exercise of judicial restraint, ... federal courts elect not to entertain habeas corpus challenges to state court proceedings until habeas petitioners have exhausted state avenues for raising [a] federal claim." Carden v. Montana, 626 F.2d 82, 83 (9th Cir.) (a Sec. 2241 petition), cert. denied, 449 U.S. 1014 (1980). Absent special circumstances, such as " 'proven harassment or…