Teshome Abate v. Walter Walton

77 F.3d 488 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Teshome ABATE, Plaintiff-Appellant, v. Walter WALTON, Defendant-Appellee. No. 94-15942. United States Court of Appeals, Ninth Circuit. Submitted Nov. 13, 1995. * Decided Jan. 5, 1996. 1 Before: WIGGINS and LEAVY, Circuit Judges and REAL, ** District Judge. 2 MEMORANDUM *** 3 Teshome Abate is a prisoner in custody of the Arizona Department of Corrections ("ADOC") who claims to be a member of the Ethiopian Orthodox Tewahido Church. He asserts that his religion requires him to consume a non-dairy vegetarian diet throughout much of the year, and to fast for forty days on only milk and water during another part of the year. He appeals the order of the district court of Arizona holding that ADOC need not provide him with a special religious diet. We have jurisdiction under 28 U.S.C. § 1291 and affirm. BACKGROUND 4 This is the second time that Abate's dietary claims have come before us on appeal in this case. 1 In…