Michael Ray Onstott v. Samuel Lewis

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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.…