Charles Nealy, Jr. v. David Shinn

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 16 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHARLES E. NEALY, Jr., No. 23-15385

Plaintiff-Appellant, D.C. No. 2:20-cv-01123-DLR-JFM v.

DAVID SHINN, Director, Director of the MEMORANDUM* Arizona Department of Corrections; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona Douglas L. Rayes, District Judge, Presiding

Argued and Submitted April 12, 2024 San Francisco, California

Before: SCHROEDER, GRABER, and SUNG, Circuit Judges.

Plaintiff Charles E. Nealy, Jr. appeals the district court’s summary judgment

in favor of Defendants Milligan, Hall, and Willis on his free exercise claims

brought under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized

Persons Act (RLUIPA), 42 U.S.C. § 2000cc-1. We have jurisdiction under

U.S.C. § 1291, and we affirm in part, reverse in part, and remand.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 1.…