Nathaniel Teddie v. James Rowland
Opinion
Opinion
990 F.2d 1260 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Nathaniel TEDDIE, Plaintiff-Appellant, v. James ROWLAND, et al., Defendants-Appellees. No. 91-15338. United States Court of Appeals, Ninth Circuit. Submitted April 7, 1993. * Decided April 9, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Nathaniel Teddie and three other California state prisoners filed a pro se action under 42 U.S.C. § 1983 , based on prison disciplinary proceedings conducted after the inmates tested positive in drug tests. The district court stayed the § 1983 action pending exhaustion of state habeas corpus proceedings. We have jurisdiction to review the order staying the action under the collateral order exception to the final judgment rule. Marchetti v. Bitterolf, 968 F.2d 963, 964-65 (9th Cir.1992). We reverse and remand to the district court for further findings consistent with this disposition. 3 We review the district court's stay order for an…