Don A. Herman v. Eldon Vail, Superintendent

15 F.3d 1085 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Eldon VAIL, Superintendent, Defendant-Appellee. No. 93-35023. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Jan. 31, 1994. Before: SNEED, NOONAN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Don Herman appeals the district court's denial of his motion to reconsider its stay of his Sec. 1983 action, pending exhaustion of habeas corpus and state administrative remedies. We have jurisdiction over Herman's appeal under 28 U.S.C. Sec. 1291 . Marchetti v. Bitterolf, 968 F.2d 963, 965 (9th Cir.1992) (order staying Sec. 1983 action pending exhaustion of habeas and state remedies reviewable under collateral order exception to final judgment rule). We affirm. 3 Herman, a Washington State prisoner, brought an action under 28 U.S.C. Sec. 1983 . He alleged that Superintendent Vail failed to make either a certification or recommendation about his…