Don A. Herman v. Charles E. Hicks

995 F.2d 231 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Don A. HERMAN, Plaintiff-Appellant, v. Charles E. HICKS, et al., Defendants-Appellees. No. 92-36775. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 4, 1993. Before: HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Don A. Herman, a Washington state prisoner, appeals pro se the district court's denial of Herman's motion to reconsider the court's order staying Herman's 42 U.S.C. § 1983 civil rights action in order to allow Herman to exhaust his habeas corpus remedies. Herman contends that the district court erred by construing his section 1983 action as a habeas petition and requiring him to exhaust his state court remedies. We affirm. 3 An order staying a civil rights action is appealable under the collateral order exception to the final judgment rule. Sisk v. CSO Branch, 974 F.2d 116, 117 (9th Cir.1992). Here, however, Herman's notice of appeal was timely…