WYATT v. TERHUNE

No. 00-16568.

315 F.3d 1108 (2003)

Earl Wayne WYATT, Plaintiff-Appellant, v. Cal A. TERHUNE; Suzan Hubbard, Warden, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 2, 2003.


Attorney(s) appearing for the Case

Grace K. Won, Farella Braun & Martel LLP, San Francisco, California, for the plaintiff-appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Paul D. Gifford, Senior Assistant Attorney General, Michael J. Williams, Paul A. Bernardino, Deputy Attorneys General, Sacramento, California, for the defendants-appellees.

Before BRIGHT, B. FLETCHER and FISHER, Circuit Judges.


FISHER, Circuit Judge.

Appellant Earl Wayne Wyatt, a Rastafarian inmate, filed this § 1983 action challenging the California Department of Corrections' hair length regulations as a violation of his constitutional and statutory rights to free exercise of religion and equal protection of the laws. This appeal concerns three procedural issues rather than the merits of Wyatt's claims.

In addressing Wyatt's First Amendment claim, the magistrate judge assigned...

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