Joshua Tobias Ortega v. Glen Craig, Sheriff of the County of Sacramento

87 F.3d 1321 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joshua Tobias ORTEGA, Petitioner-Appellant, v. Glen CRAIG, Sheriff of the County of Sacramento, Respondent-Appellee. No. 95-16371. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 19, 1996. Before: CANBY, NOONAN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Joshua Tobias Ortega, presently awaiting trial on murder and robbery charges, appeals the district court's dismissal of his habeas corpus petition brought under 28 U.S.C. § 2254 . Ortega contends that the district court erred by abstaining pursuant to Younger v. Harris, 401 U.S. 37 (1971). We have jurisdiction under 28 U.S.C. §§ 1291 , 2253. We review de novo, Fort Belknap Indian Community v. Mazurek, 43 F.3d 428 , 431 (9th Cir.1994), cert. denied, 116 S.Ct. 49 (1995), and affirm. 1 3 Generally, the federal courts will not intervene in a pending criminal proceeding absent extraordinary circumstances where…