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Calihan v. Superior Court, Superior Court of State of Cal., County of Contra Costa

United States Court of Appeals, Ninth Circuit
Dec 12, 2005
158 F. App'x 807 (9th Cir. 2005)

Summary

finding principles of comity and federalism require the federal courts to abstain from addressing speedy trial challenges which do not fall into one of these exceptions

Summary of this case from Reynolds v. Williams

Opinion

Submitted December 5, 2005.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Kenneth R. Calihan, Napa, CA, pro se.


Appeal from the United States District Court for the Northern District of California, Charles R. Breyer, District Judge, Presiding.

Before GOODWIN, W. FLETCHER, and FISHER, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Kenneth R. Calihan, a pre-trial detainee in California, appeals pro se the district court's dismissal of his 28 U.S.C. § 2241 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 1291, and review the dismissal de novo. See Zitto v. Crabtree, 185 F.3d 930, 931 (9th Cir.1999). We affirm.

Calihan contends that the state charges against him must be dismissed due to a violation of his right to a speedy trial. We decline to entertain this contention. Principles of comity and federalism require us to abstain from deciding pre-conviction habeas challenges unless the petitioner demonstrates that "special circumstances" warrant federal intervention. See Younger v. Harris, 401 U.S. 37, 41, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971); Carden v. Montana, 626 F.2d 82, 83-84 (9th Cir.1980). Calihan has failed to show any special circumstances. See Carden, 626 F.2d at 84. He has not shown proven harassment, prosecution undertaken by state officials in bad faith without hope of obtaining a valid conviction, or extraordinary circumstances and irreparable injury. See id. Accordingly, the district court properly denied Calihan's § 2241 petition.

AFFIRMED.


Summaries of

Calihan v. Superior Court, Superior Court of State of Cal., County of Contra Costa

United States Court of Appeals, Ninth Circuit
Dec 12, 2005
158 F. App'x 807 (9th Cir. 2005)

finding principles of comity and federalism require the federal courts to abstain from addressing speedy trial challenges which do not fall into one of these exceptions

Summary of this case from Reynolds v. Williams
Case details for

Calihan v. Superior Court, Superior Court of State of Cal., County of Contra Costa

Case Details

Full title:Kenneth R. CALIHAN, Petitioner--Appellant, v. SUPERIOR COURT, SUPERIOR…

Court:United States Court of Appeals, Ninth Circuit

Date published: Dec 12, 2005

Citations

158 F. App'x 807 (9th Cir. 2005)

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