940 F. 2d 667 - Collins v. A Lewis
940 F2d 667 Collins v. A Lewis
940 F.2d 667
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Dusty COLLINS, Plaintiff-Appellant,
v.
Samuel A. LEWIS, Director, Arizona Department of
Corrections, Defendant-Appellee.
No. 89-15664.
United States Court of Appeals, Ninth Circuit.
Submitted July 23, 1991.*
Decided July 26, 1991.
Appeal from the United States District Court for the District of Arizona, No. CV-89-0607-RGS; Roger G. Strand, District Judge, Presiding.
Before PREGERSON, D.W. NELSON and REINHARDT, Circuit Judges.
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MEMORANDUM**
Dusty Collins, an Arizona state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action under Fed.R.Civ.P. 12(b)(6) for failure to state a claim. Collins, a practicing Sikh, contends that prison officials violated his constitutional right to freely exercise his religion by implementing a prison policy which prohibits facial hair absent a medical purpose. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and affirm.
We review de novo the district court's dismissal of an action for failure to state a claim. See Kruso v. International Te. & Tel. Corp., 872 F.2d 1416, 1421 (9th Cir.1989), cert. denied, 110 S.Ct. 3217 (1990).
In this circuit, a prisoner's right to wear a beard is controlled by Friedman v. Arizona, 912 F.2d 328 (9th Cir.1990), cert. denied, 111 S.Ct. 996 (1991). In Friedman, we held that the Arizona Department of Corrections' regulation prohibiting facial hair did not violate orthodox Jewish prisoners' first amendment right to free exercise of religion because the regulation was reasonably related to valid penological interests. Id. at 331-332. Here, Collins challenges the same regulation on the same ground. Accordingly, we find that the district court did not err in dismissing this action.
AFFIRMED.
PREGERSON, Circuit Judge, dissents.