James E. Bryant v. Robert G. Borg C.J. Johnson J. Valadez S. Larson M.F. Martel P. Kennedy J. Bauer

947 F.2d 949 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James E. BRYANT, Petitioner, v. Robert G. BORG; C.J. Johnson; J. Valadez; S. Larson; M.F. Martel; P. Kennedy; J. Bauer, Respondents. No. 90-16150. United States Court of Appeals, Ninth Circuit. Submitted June 18, 1991. * Decided Nov. 1, 1991. Before BEEZER, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 James E. Bryant, a California state prisoner, appeals pro se from the district court's denial of his motion for reconsideration. Bryant moved for reconsideration of a magistrate judge's order staying his action under 42 U.S.C. § 1983 . We construe this appeal as a petition for a writ of mandamus and grant the petition. See Land v. Deeds, 878 F.2d 318, 318 (9th Cir.1989) (invalid appeal may be construed as a mandamus petition). 3 * Because Bryant's § 1983 action sought restoration of good time credits, a remedy cognizable only through a habeas proceeding, the magistrate judge stayed the action.…