Michael Ray Onstott v. Samuel Lewis, 972 F.2d 1341 (9th Cir. 1992). · Go Syfert
Michael Ray Onstott v. Samuel Lewis, 972 F.2d 1341 (9th Cir. 1992). Cases Citing This Book View Copy Cite
46 citation events (3 in the last 25 years) across 4 distinct courts.
Strongest positive: Florian Sever David Hiebert Mark W. Simmons Robert Henry Kinville Edward Reiner United Paperworkers International Union, Afl-Cio v. National Labor Relations Board, and Alaska Pulp Corporation, Respondent-Intervenor. Alaska Pulp Corporation v. National Labor Relations Board, and Florian Sever David Hiebert Mark W. Simmons Robert Henry Kinville Edward Reiner United Paperworkers International Union, Afl-Cio, Respondents-Intervenors (ca9, 2000-11-06)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited "see" Sever v. National Labor Relations Board
9th Cir. · 2000 · signal: see · confidence high
See NLRB v. Alaska Pulp Corp., 972 F.2d 1341 , 1992 WL 203916 (9th Cir.1992) (unpublished disposition).
discussed Cited "see, e.g." Freelove v. Weishaupt
D. Nev. · 2022 · signal: see, e.g. · confidence low
See, e.g., Pree v. State of Nev., 972 F.2d 1341 (Table), 1992 10 WL 196954 (9th Cir. 1992) (affirming dismissal without prejudice for deficient service 11 where the plaintiff was suing a state agency and had not complied with NRS 41.031(2)). 12 In sum, for these three reasons, along with the reasons described above in Section 13 IV.A, the Court dismisses Plaintiffs’ Complaint in its entirety. 14 C.
Retrieving the full opinion text from the archive…
Michael Ray Onstott
v.
Samuel Lewis
91-16456.
Court of Appeals for the Ninth Circuit.
Aug 14, 1992.
972 F.2d 1341
Unpublished

972 F.2d 1341

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Michael Ray ONSTOTT, Plaintiff-Appellant,
v.
Samuel LEWIS, Defendant-Appellee.

No. 91-16456.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 12, 1992.[*]
Decided Aug. 14, 1992.

Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges.

1

MEMORANDUM[**]

2

Michael Onstott, an Arizona state prisoner, appeals pro se the dismissal for failure to state a claim of his 42 U.S.C. § 1983 action alleging that a prison policy prohibiting facial hair violated his first amendment right to the free exercise of his Sikh religion. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

3

* Standard of Review

4

We review de novo the district court's dismissal for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Tanner v. Heise, 879 F.2d 572, 576 (9th Cir.1989). All allegations of material fact contained in the complaint are taken as true and construed in the light most favorable to the plaintiff. Id. Moreover, in civil rights cases, where the plaintiff is pro se, the court has an obligation to construe the pleadings liberally to afford the plaintiff any benefit of the doubt. Bretz v. Kelman, 773 F.2d 1026, 1027 n. 1 (9th Cir.1985) (en banc).

II

Merits

A. Background

5

Onstott filed his complaint on May 25, 1989 alleging that the Arizona Department of Corrections' ("ADOC") Internal Management Policy No. 304.7 ("IMP 304.7") requiring that all prisoners shave off all facial hair violated his first amendment right to the free exercise of his Sikh religion. The district court sua sponte dismissed the complaint before service of process, and Onstott appealed the dismissal to this court in a prior appeal. In an unpublished memorandum opinion, we applied the four-factor test of Turner v. Safley, 482 U.S. 78 (1987) to Onstott's claim, and determined that IMP 304.7 was reasonably related to legitimate penological interests. See Onstott v. Lewis, No. 89-15980 (9th Cir. Aug. 23, 1990) (determining that (1) IMP 304.7 has a logical connection to a legitimate governmental interest; (2) accommodation (granting an exemption) would strain prison resources; and (3) no ready alternatives to IMP 304.7 exist).[1] We remanded the matter, however, for the district court to determine whether Onstott had alternative means to practice his religion. Id.

6

On remand, the district court found that (1) Onstott could participate in other aspects of his religion; (2) Onstott's complaint did not allege that any other practice of the Sikh religion was infringed upon; and (3) in his complaint, Onstott admitted that the ADOC has recognized the Sikh religion and has approved monthly meetings with Sikh representatives. Therefore, the district court concluded that Onstott has not been deprived of all means of expression of his Sikh religion.

B. Discussion

7

In Friedman v. Arizona, we held that IMP 304.7 is a valid regulation insofar as it prohibits the growth of facial hair by two prisoners of the Orthodox Jewish faith. 912 F.2d 328, 331-33 (9th Cir.1990), cert. denied, 111 S.Ct. 996 (1991). We concluded that although there was no alternative religious practice for growing facial hair, the Orthodox Jewish prisoners had not been denied "all means of expression" of their religion because the ADOC provided them one Kosher dinner a day and occasional access to Sabbath services and to a rabbi. See Friedman, 912 F.2d at 332 (quoting O'Lone v. Estate of Shabazz, 482 U.S. 342, 350-52, (1987)).

8

Here, the record supports the district court's finding that Onstott has not been denied all means of expression of his Sikh religion. Additionally, in a statement submitted to this court, Onstott concedes that the ADOC has afforded him "all the requirements" of the Sikh faith including "no cutting of any hair, a vegetarian diet, a place to meet ... to meditate and do yoga," and a Sikh representative to guide him. Thus, because IMP 304.7 satisfies the Turner four factor-test as applied to Onstott, the district court did not err by dismissing Onstott's action for failure to state a claim. See id. at 331-33.

9

AFFIRMED.

*

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4

**

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

1

The four factors as we have summarized them are:

(1) whether the regulation has a logical connection to the legitimate governmental interest invoked to justify it;

(2) whether the alternative means of exercising the right on which the regulation impinges remain open to the prison inmates;

(3) the impact that accommodation of the asserted right will have on guards, other inmates, and prison resources; and

(4) the absence of ready alternatives that fully accommodate the prisoner's rights at de minimus cost to valid penological interests.

Harper v. Wallingford, 877 F.2d 728, 732 (9th Cir.1989).