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WYATT v. TERHUNE

No. 00-16568.

280 F.3d 1238 (2002)

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

United States Court of Appeals, Ninth Circuit.

Filed February 12, 2002.

Attorney(s) appearing for the Case

Grace K. Won, Douglas R. Young, Farella, Braun & Martel LLP, San Francisco, CA, for the plaintiff-appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Asst. Attorney General, Paul D. Gifford, Senior Deputy Attorney General, Michael G. Lee, Supervising Deputy Attorney General, and Paul A. Bernardino, Deputy Attorney General, Sacramento, CA, 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...

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