Joel W. Ellington, Dr. v. Nancy Becker, Judge, and R. Caruso, Attorney

985 F.2d 572 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 BECKER, Judge, and R. Caruso, Attorney, Defendants-Appellees. No. 92-16009. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 1, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Joel W. Ellington, a Nevada state prisoner, appeals pro se the district court's stay of his 42 U.S.C. § 1983 civil rights complaint and dismissal of habeas petition for failure to exhaust state remedies after the district court construed his section 1983 action as a petition for writ of habeas corpus. Ellington contends that the district court erred by construing his 42 U.S.C. § 1983 action as a 28 U.S.C. § 2254 habeas petition. 3 "We have jurisdiction to review an order staying a civil rights action under the collateral order exception to the final judgment rule...." Sisk v. CSO Branch, 974…