CHARLES R. BREYER, United States District Judge.
Petitioner, a pretrial detainee facing state criminal charges in the Superior Court of the State of California in and for the County of Alameda, has filed an action/petition challenging the criminal proceedings against him. He claims, among other things, that he has been denied his constitutional right to a speedy trial.
Petitioner may challenge his pretrial detention on state criminal charges by way of a petition for a writ of habeas corpus under 28 U.S.C. § 2241. However, principles of comity and federalism require that this court abstain and not entertain any such pre-sentence habeas challenge unless petitioner shows that: (1) he has exhausted available state judicial remedies, and (2) "special circumstances" warrant federal intervention. Carden v. Montana, 626 F.2d 82, 83-84 (9th Cir. 1980). Only in cases of proven harassment or prosecutions undertaken by state officials in bad faith without hope of obtaining a valid conviction and perhaps in other special circumstances where irreparable injury can be shown is federal injunctive relief against pending state prosecutions appropriate. Id. at 84 (citing Perez v. Ledesma, 401 U.S. 82, 85 (1971)). Petitioner makes no such showing of "special circumstances" warranting federal intervention. See id. The action/petition accordingly is DISMISSED without prejudice to refiling a habeas petition under 28 U.S.C. § 2254 after state criminal proceedings, including appeal, are completed.
To whatever extent petitioner also seeks damages for "police brutality," he must file a separate civil rights action for damages under 42 U.S.C. § 1983.
The Clerk shall close the file and terminate all pending motion as moot.