Kenneth John Falcone v. Sharon Brevaire, Irene Connor, Cynthia L. Aydlett, Marshall Wayne, and Christian Loughran

8 F.3d 26 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kenneth John FALCONE, Plaintiff-Appellant, v. Sharon BREVAIRE, Irene Connor, Cynthia L. Aydlett, Marshall Wayne, and Christian Loughran, Defendants-Appellees. No. 92-16491. United States Court of Appeals, Ninth Circuit. Submitted Sept. 3, 1993. * Decided Sept. 17, 1993. Before: BROWNING, SCHROEDER, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth John Falcone, an incarcerated prisoner appearing pro se, appeals the dismissal of his civil rights action without prejudice for failure to file a status report with the United States District Court for the District of Arizona. 3 On November 20, 1992, the district court stayed Falcone's civil rights action pursuant to 28 U.S.C. § 1983 to permit Falcone to exhaust his state court remedies and, if necessary, to permit him to pursue his federal remedies with a petition for a writ of habeas corpus. See Kenny v. Young, 907 F.2d 874, 876-78 (9th Cir.1990), cert. denied,…