Douglas T. Russell Daniel J. Swanson Joshua Lark v. John Gillis California Board of Prison Terms

81 F.3d 169 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Douglas T. RUSSELL; Daniel J. Swanson; Joshua Lark, Plaintiffs-Appellants, v. JOHN GILLIS; CALIFORNIA BOARD OF PRISON TERMS, Defendants-Appellees. No. 94-17135. United States Court of Appeals, Ninth Circuit. Submitted March 26, 1996. * Decided March 29, 1996. Before: GOODWIN, WIGGINS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoners Douglas T. Russell, Daniel J. Swanson, and Joshua Lake appeal pro se the district court's order staying their civil rights action pending their pursuit of habeas corpus relief. We vacate and remand. 3 The appellants seek damages and declaratory and injunctive relief on the basis that their constitutional rights were violated when they were denied parole dates. They contend the district court erred by requiring them to seek habeas relief because they challenge the decision-making process rather than the outcome of parole proceedings. This contention has…