Hill

MEMORANDUM **

California state prisoner Brian Tracey Hill appeals pro se the district court’s order dismissing without prejudice Hill’s 28 U.S.C. § 2241 habeas petition, challenging his second trial for battery on a peace officer on grounds of double jeopardy. We have jurisdiction pursuant to §§ 1291 and 2253, and we affirm.

On December 11, 1997, a grand jury charged Brian Tracey Hill with battery on a peace officer and assault with a deadly weapon. In February 1998, a jury found Hill not guilty of the assault with a deadly weapon charge and deadlocked on the battery charge. Hill subsequently moved to dismiss the battery charge on the grounds of double jeopardy. The trial court rejected Hill’s argument and allowed the re-trial on the battery charge. Concurrent with his re-trial, Hill presented his double jeopardy claim before the state appellate courts. On July 29, 1998, a jury convicted Hill of battery on a peace officer, along with an enhancement for personal use of a deadly weapon. Hill filed a section 2241 petition in the district court raising the double jeopardy claim.

The district court determined that principles of federalism and comity required it *724 to abstain from…