¶2Unpublished Disposition
¶4NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
¶5Eric J. HOLDEN, Plaintiff-Appellant,
v.
Russell BABCOCK, Assistant District Attorney; Diane Cooper,
Parole Officer; Samuel Trivette, Director Parole
Board, Defendants-Appellees.
¶6No. 89-35196.
¶7United States Court of Appeals, Ninth Circuit.
¶8Submitted Jan. 11, 1990.*
Decided Jan. 25, 1990.
¶9Before JAMES R. BROWNING, BEEZER and RYMER, Circuit Judges.
¶11Holden appeals the dismissal of his 42 U.S.C. Sec. 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.
¶12VACATED AND REMANDED.
¶13 The panel finds this case appropriate for submission without argument pursuant to 9th Cir.R. 34-4 and Fed.R.App.P. 34(a)