Joel W. Ellington, Dr. v. Nancy Oesterle Rex A. Bell

983 F.2d 1075 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joel W. ELLINGTON, Dr., Plaintiff-Appellant, v. Nancy OESTERLE; Rex A. Bell, Defendants-Appellees. No. 92-15193. United States Court of Appeals, Ninth Circuit. Submitted Nov. 13, 1992. * Decided Dec. 29, 1992. Before CHOY, SNEED and SKOPIL, Circuit Judges: 1 MEMORANDUM ** 2 Joel Ellington, a Nevada state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 civil rights complaint against a state court justice of the peace and a district attorney. He contends that the district court erred in dismissing his complaint as frivolous under 28 U.S.C. § 1915 (d). We conclude that the district court should have construed Ellington's complaint as a petition for writ of habeas corpus. Remand is not necessary, however, because it is clear from Ellington's complaint that he has not exhausted available state remedies. Accordingly, we affirm. DISCUSSION 3 As a threshold matter, we…