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WARSOLDIER v. WOODFORD

No. 04-55879.

418 F.3d 989 (2005)

Billy Soza WARSOLDIER, Plaintiff-Appellant, v. Jeanne WOODFORD, Director of the California Department of Corrections, in her official capacity; John Laudeman, Warden of the Adelanto Community Correctional Facility, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission vacated December 6, 2004.

Resubmitted June 24, 2005.

Filed July 29, 2005.

Attorney(s) appearing for the Case

Audrey Huang (Argued and Briefed), Bingham, McCutchen, Los Angeles, CA; Ben Wizner (Briefed), ACLU Foundation of Southern California, Los Angeles, CA, for the plaintiff-appellant.

John E. Rittmayer (Argued) and Barry G. Thorpe (Briefed), Deputy Attorney General, State of California, Los Angeles, CA, for the defendants-appellees.

Before: PREGERSON, TASHIMA, and PAEZ, Circuit Judges.

PREGERSON, Circuit Judge:

California prisoner Billy Soza Warsoldier appeals from the district court's denial of his request for a preliminary injunction in his suit challenging a California Department of Corrections ("CDC") hair grooming policy, which requires that all male inmates maintain their hair no longer than three inches. Warsoldier refuses to adhere to the grooming policy because of his sincere religious belief that he may cut his hair only upon the death...

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