Hardage

889 F.2d 1094 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Terry HARDAGE, Plaintiff-Appellant, v. Michael FRANCKE, Director of the Department of Corrections; Manfred Maass, Superintendent of the Oregon State Penitentiary, Defendants-Appellees. No. 88-3912. United States Court of Appeals, Ninth Circuit. Submitted Oct. 30, 1989. * Decided Nov. 29, 1989. Before EUGENE A. WRIGHT, TANG and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Terry Hardage appeals pro se the dismissal of his Sec. 1983 action. He claims miscalculation of his release date and seeks declaratory relief and damages. The district court construed the claim as a petition for habeas corpus and dismissed for failure to exhaust. We affirm in part and remand in part. FACTS 3 Hardage, an inmate at Oregon State Penitentiary, was sentenced on September 26, 1984 to ten years for custodial interference in the first degree, a class B felony under Oregon law. His initial parole release…