Does a judge have jurisdiction to review an order staying a civil rights action under the collateral order?

MultiRegion, United States of America

The following excerpt is from Ellington v. Becker, 985 F.2d 572 (9th Cir. 1993):

"We have jurisdiction to review an order staying a civil rights action under the collateral order exception to the final judgment rule...." Sisk v. CSO Branch, 974 F.2d 116, 117 (9th Cir.1992). We affirm.

When a state prisoner brings a section 1983 action attacking the manner or length of his incarceration, the district court will construe his claim as a habeas petition and stay his civil rights claim until he has exhausted state remedies. Young v. Kenny, 907 F.2d 874, 875-78 (9th Cir.1990).

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