Robert N. Abel v. Beverly Cutler Mike Wolverton Jeane Hanson Alex Swiderski State of Alaska

28 F.3d 104 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert N. ABEL, Plaintiff-Appellant, v. Beverly CUTLER; Mike Wolverton; Jeane Hanson; Alex Swiderski; State of Alaska, Defendants-Appellees. No. 93-35797. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 8, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Robert N. Abel, an Alaska state prisoner, appeals pro se the district court's dismissal, prior to issuance and service of process, of his 42 U.S.C. Sec. 1983 action. Abel contends the district court erred when it (a) found that Abel's section 1983 complaint attempted to relitigate matters previously determined and (b) construed his challenges to his conviction as a 28 U.S.C. Sec. 2254 petition and dismissed it for failure to exhaust state remedies. We have jurisdiction under 28 U.S.C. Secs. 1291 and 2253, and we affirm. 3 When reviewing the district court's dismissal of Abel's Sec. 1983 claim,…