Larry Gene Grey v. Ted Rutt Pierce County Sheriffs Department Starlene Hicks

28 F.3d 106 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Larry Gene GREY, Plaintiff-Appellant, v. Ted RUTT; Pierce County Sheriffs Department; Starlene Hicks; et al., Defendants-Appellees. No. 93-35940. 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 Larry Gene Grey, a Washington state prisoner, appeals pro se the district court's order dismissing his claims against certain defendants and staying the remainder of his claims pending exhaustion of state remedies in his 42 U.S.C. Sec. 1983 action. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and review for abuse of discretion. 1 Marchetti v. Bitterolf, 968 F.2d 963, 967 (9th Cir.1992). We affirm. 3 When a state prisoner challenges the fact or duration of his confinement, his exclusive federal remedy is a writ of habeas corpus. Young v. Kenny, 907 F.2d 874, 875 (9th Cir.1990), cert. denied, 111…