937 F.2d 612
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Gary GRIFFIN, Plaintiff-Appellant,
Samuel A. LEWIS, Director, Arizona Department of
United States Court of Appeals, Ninth Circuit.
Submitted June 27, 1991.*
Decided July 1, 1991.
Before SCHROEDER, FLETCHER and LEAVY, Circuit Judges.
Gary Griffin, 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. Griffin, 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 Tel. & 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, Griffin challenges the same regulation on the same ground. Accordingly, we find that the district court did not err in dismissing this action.