Dudley

Dudley v. Thibeault

Good Law
32 F. App'x 959
United States Court of Appeals for the Ninth CircuitApril 16, 2002No. 01-16304; D.C. No. CV-97-00989-SMMCalifornia304 words

Opinion

Lead Opinion

MEMORANDUM **

Arizona state prisoner Damian L. Dudley appeals pro se the district court’s judgment for defendant in his action alleging that a prison chaplain denied him his First Amendment right to free exercise of his Muslim religion by preventing him from participating in Ramadan meals. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

On appeal of a bench trial, we review the district court’s findings of fact for clear error and its conclusions of law de novo, Ambassador Hotel Co. v. Wei-Chuan Inv., 189 F.3d 1017 , 1024 (9th Cir.1999), and may affirm for any reason fairly supported by the record, Saltarelli v. Bob Baker Group Med. Trust, 35 F.3d 382 , 387 (9th Cir.1994). We review for abuse of discretion the district court’s evidentiary rulings. City of Long Beach v. Standard Oil Co., 46 F.3d 929, 936-37 (9th Cir.1995).

We conclude that the district court did not err by finding that defendant Thibeault removed Dudley from the prison’s Ramadan participant list based upon Thibeault’s belief that Dudley had failed to comply with prison rules governing Ramadan participation. See Ambassador Hotel Co., 189 F.3d at 1024. Because the district court’s factual findings…

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