Smith v. District Attorney's Office of San Francisco

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LEWIS FRANCIS SMITH, #17-00662784, Case No. 20-cv-01474-CRB (PR)

8 Petitioner, ORDER DISMISSING PETITION

FOR A WRIT OF HABEAS

9 v. CORPUS

10 DISTRICT ATTORNEY'S OFFICE, (ECF No. 4) 11 Respondent.

12 Petitioner, a pretrial detainee facing state criminal charges in San Francisco County 13 Superior Court, has filed a pro se petition for a writ of habeas corpus challenging the criminal 14 proceedings against him primarily on the grounds that his speedy trial rights are being violated by 15 a lengthy delay in prosecution. He also seeks leave to proceed in forma pauperis (IFP) under 28 16 U.S.C. § 1915 (ECF No. 4) which, good cause shown, is granted. Petitioner may challenge his pretrial detention on state criminal charges by way of a 17 petition for a writ of habeas corpus under 28 U.S.C. § 2241. But principles of comity and 18 federalism require that this court abstain and not entertain any such pre-sentence habeas challenge 19 unless petitioner shows that: (1)…