Richard Sisk James Piatt v. Cso Branch R. Austin Lt. Hilton
Opinion
Opinion
Leavy, J.
BACKGROUND
Richard Sisk and James Piatt, Arizona state prisoners each serving sentences of twenty-five years to life, appeal pro se the district court’s order staying their 42 U.S.C. § 1983 action pending exhaustion of state remedies. Following a prison disciplinary hearing in which they were found guilty of drug use, Sisk and Piatt filed a section 1983 claim alleging that the actions of the State defendants throughout the disciplinary process violated due process and equal protection. Sisk and Piatt sought transfer back from high security to medium security, compensatory and punitive damages for being transferred to high security, and restoration of forfeited good time credits. The district court construed Sisk’s and Piatt’s complaint as a habeas petition and stayed the action pending exhaustion of state remedies. We have jurisdiction to review an order staying a civil rights action under the collateral order exception to the final judgment rule set forth in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 545-47 , 69 S.Ct. 1221, 1225-26 , 93 L.Ed. 1528 (1949). See Marchetti v. Bitterolf, 968 F.2d 963, 964-65 (9th Cir.1992). We reverse.