Herman Resnick v. Michael Adams, Warden Mike Szafir, Administrator, Food Order and Services

ORDER AND AMENDED OPINION

ORDER

This court’s previous opinion, filed on January 27, 2003, and published at 317 F.3d 1056 , is withdrawn and replaced by the amended opinion filed concurrently with this order. With this amendment, the panel has voted unanimously to deny the petition for rehearing.

Judge O’Scannlain has voted to deny the petition for rehearing en banc, and Judges Hug and Brunetti so recommend. The petition for rehearing en banc was circulated to the full court, and no judge requested a vote on the petition. Fed. R.App. P. 85.

With this amendment, the petition for rehearing and petition for rehearing en banc are DENIED. No further petitions for rehearing or requests for amendment will be accepted.

OPINION

We must decide whether prison officials unconstitutionally infringed an inmate’s First Amendment right to the free exercise of religion by requiring him to fill out a standard prison form in order to receive kosher food.

I

Herman Resnick is an Orthodox Jew who has been incarcerated at the United States Penitentiary at Lompoc, California (“Lompoc”), since January 1998. According to the dictates of his faith — specifically the laws of the kashruth — Resnick…