Unpublished Disposition, 894 F.2d 409 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 894 F.2d 409 (9th Cir. 1990)

Eric J. HOLDEN, Plaintiff-Appellant,v.Russell BABCOCK, Assistant District Attorney; Diane Cooper,Parole Officer; Samuel Trivette, Director ParoleBoard, Defendants-Appellees.

No. 89-35196.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 11, 1990.* Decided Jan. 25, 1990.

Before JAMES R. BROWNING, BEEZER and RYMER, Circuit Judges.


Holden appeals the dismissal of his 42 U.S.C. § 1983 claim, in which he seeks the vacation of his sentence and monetary damages. " [T]he requested relief requires as its predicate a determination that a sentence currently being served is invalid," and thus, Holden's sole federal remedy is a writ of habeas corpus. Young v. Kenny, 887 F.2d 237, 238 (9th Cir. 1989). But because Holden requests damages as well as the vacation of his sentence, his section 1983 claim should be stayed rather than dismissed while he pursues his habeas remedies. Id. at 240.



The panel finds this case appropriate for submission without argument pursuant to 9th Cir.R. 34-4 and Fed. R. App. P. 34(a)


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3