David Christoffel v. Clyde Benzenhoefer

990 F.2d 1256 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David CHRISTOFFEL, Plaintiff-Appellant, v. Clyde BENZENHOEFER, et al., Defendant-Appellee. No. 92-16895. United States Court of Appeals, Ninth Circuit. Submitted April 7, 1993. * Decided April 19, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 David Christoffel, a federal prisoner, appeals pro se the district court's stay of his 42 U.S.C. § 1983 civil rights complaint in order to allow Christoffel to exhaust his habeas corpus remedies. Christoffel contends that the district court erred by staying his civil rights action and ordering him to first exhaust his 28 U.S.C. § 2255 remedies. 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 F.2d 116, 117 (9th Cir.1992). We review for an abuse of discretion, Marchetti v. Bitterolf, 968 F.2d 963, 966 (9th Cir.1992),…