Eugene Mauwee v. Bill Donat

MEMORANDUM

Eugene A. Mauwee, Sr., a Nevada state prisoner, appeals pro se from the district court’s summary judgment in Mauwee’s 42 U.S.C. § 1983 action making claims under the First Amendment and the Religious Land Use and Institutionalized Persons Act (“RLUIPA”). We have jurisdiction under 28 U.S.C. § 1291 and review de novo. Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004). We affirm.

The district court properly granted summary judgment on Mauwee’s RLUIPA claims for damages against the Department of Corrections and the state officials acting in their official capacities. See Holley v. Cal. Dep’t of Corr., 599 F.3d 1108, 1112 (9th Cir.2010) (“RLUIPA’s appropriate relief language does not unambiguously encompass monetary damages so as to effect a waiver of sovereign immunity from suit for monetary claims”) (internal quotations omitted).

The district court properly concluded that Mauwee’s claims for injunctive relief were moot because the record indicates that he is no longer subject to the policies that allegedly burdened his free exercise rights. See Darting v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986).

The district court properly granted summary judgment on the claims…