(HC) James v. Sheriff, Sacramento County

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD EUGENE JAMES, No. 2:24-cv-0328 CKD P 12 Petitioner, 13 v. ORDER AND 14 SHERIFF, SACRAMENTO COUNTY, FINDINGS AND RECOMMENDATIONS 15 Respondent. 16 17 Petitioner, a Sacramento County pretrial detainee proceeding pro se, has filed a petition 18 for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner challenges pretrial 19 proceedings with respect to Sacramento County criminal case no. 19FE021761. It does not 20 appear that petitioner has been convicted with respect to any charges filed in that case. 21 Federal courts cannot interfere with pending state criminal proceedings absent 22 extraordinary circumstances which create a threat of irreparable injury. Younger v. Harris, 401 23 U.S. 37, 45-46 (1971). Irreparable injury does not exist in such situations if the threat to 24 plaintiff's federally protected rights may be eliminated by his defense of the criminal case. 25 Moreover, “even irreparable injury is insufficient [to permit…