Smith v. District Attorney's Office of San Francisco

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

Petitioner, ORDER DISMISSING PETITION

FOR A WRIT OF HABEAS

v. CORPUS

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

Petitioner, a pretrial detainee facing state criminal charges in San Francisco County Superior Court, has filed a pro se petition for a writ of habeas corpus challenging the criminal proceedings against him primarily on the grounds that his speedy trial rights are being violated by a lengthy delay in prosecution. He also seeks leave to proceed in forma pauperis (IFP) under 28 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)…