Jeffrey Forter v. Randy Greer

MEMORANDUM

Oregon state prisoner Jeffrey Forter appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging that defendants violated his constitutional rights and the Religious Land Use and Institutionalized Persons Act (“RLUI-PA”) in connection with Christian Identity materials that defendants deemed inflammatory. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s summary judgment, Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004), and determination that a prisoner failed to exhaust administrative remedies under the Prison Litigation Reform Act, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). We affirm.

The district court properly granted summary judgment on Forter’s constitutional claims related to the prison’s refusal to provide Forter with Christian Identity materials he had ordered because Forter failed to raise a genuine dispute of material fact as to whether the regulation justifying withholding the materials is not reasonably related to legitimate penological interests. See Turner v. Safley, 482 U.S. 78, 89 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987) (“[W]hen a prison regulation impinges on inmates’…