Is a stay of a civil rights action pending exhaustion of his habeas remedies reviewable as a collateral order?
MultiRegion, United States of America
The following excerpt is from Doe I v. Burton, 85 F.3d 635 (9th Cir. 1996):
2 Similarly, in Marchetti v. Bitterolf, we held that a district court order granting a stay of a prisoner's civil rights action pending exhaustion of his habeas remedies was reviewable as a collateral order, even though the decision concerning whether to grant a stay required the court to decide whether the underlying civil rights action challenged the constitutional validity of the prisoner's conviction. Marchetti, 968 F.2d at 965-68.
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