Harvey L. Beagle, II v. James Anderson

8 F.3d 25 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Harvey L. BEAGLE, II, Plaintiff-Appellant, v. James ANDERSON; et al., Defendants-Appellees. No. 92-36584. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1993. * Decided Oct. 20, 1993. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Harvey L. Beagle, II, a Washington state prisoner, appeals pro se the district court's dismissal of his consolidated actions. We dismiss this appeal. 3 * Beagle filed two actions in district court under 42 U.S.C. § 1983 . The district court consolidated the actions and determined that, in part, Beagle was challenging the constitutionality of his confinement. 1 To this extent, the court construed Beagle's action as a habeas petition and stayed it to allow Beagle an opportunity to exhaust his available state remedies. Beagle failed to take steps to exhaust, however, and the court dismissed his case without prejudice to refiling. 4 In an…