Richard Avila Martinez v. Detective La Branch, Sacramento, City Poli, Jack Martin, Public Defender

972 F.2d 1340 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard Avila MARTINEZ, Plaintiff-Appellant, v. Detective LA BRANCH, Sacramento, City Poli, Jack Martin, Public Defender, et al., Defendant-Appellee. No. 91-16698. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1992. * Decided Aug. 17, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Richard Avila Martinez, a California state prisoner, appeals pro se the magistrate judge's sua sponte stay of his 42 U.S.C. § 1983 action for damages prior to service of process. 1 We vacate and remand. 3 Martinez filed a section 1983 complaint in the district court seeking damages for the defendants' alleged conspiracy to "insure plaintiff's arrest ... and ... conviction." The magistrate judge issued a stay pending exhaustion of state remedies and directed that "THIS ACTION WILL NOT PROCEED FURTHER UNLESS AND UNTIL HE [Martinez] NOTIFIES THE COURT THAT HE HAS EXHAUSTED STATE…