Jeffery KELCE, Plaintiff-Appellant, v. S. CERVANTES, Appeals Coordinator; et al., Defendants-Appellees, 381 F. App'x 647

MEMORANDUM Jeffrey Kelce, a former California state prisoner, appeals the district court’s judgment dismissing his action under 42 U.S.C. § 1983. Kelce alleged that defendants violated his constitutional rights by denying him access to the courts and depriving him of his property. Kelce also challenged certain regulations governing the California state prison grievance process as unconstitutional. The parties on appeal agreed that Kelce had unexhausted remedies for his claims under the California Tort Claims Act, Cal. Gov’t Code § 900 et seq.

In view of the posture of the case, we remand the case to the district court with directions to hold this action in abeyance while Kelce pursues his remedies under the California Tort Claims Act. After the resolution of those claims, the district court shall conduct any further appropriate proceedings to determine any remaining issues in this case. We need not, and do not, reach any other issue urged by the parties on appeal. REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.