Fred A. Massey v. James K. Rowland, Warden

983 F.2d 1076 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Fred A. MASSEY, et al., Plaintiff-Appellant, v. James K. ROWLAND, Warden, et al., Defendant-Appellee. No. 91-15267. United States Court of Appeals, Ninth Circuit. Submitted March 12, 1992. Submission Deferred May 14, 1992. Resubmitted Dec. 14, 1992. * Decided Jan. 19, 1993. 1 Before BEEZER and TROTT, Circuit Judges, and WISDOM, ** Senior Circuit Judge. 2 Fred Massey and three other California state prisoners filed a pro se action under 42 U.S.C. § 1983 , based on prison disciplinary proceedings after the inmates tested positive in drug tests. The district court stayed the § 1983 action pending exhaustion of state habeas corpus proceedings. The prisoners appeal that stay. We have jurisdiction to review the order staying this civil rights action under the collateral order exception to the final judgment rule. Marchetti v. Bitterolf, 968 F.2d 963, 964-65 (9th Cir.1992). We review Massey's contention that…