Sidney Jenkins, III v. Michael Meyers

MEMORANDUM

Washington state prisoner Sidney D. Jenkins, III, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging federal and state law claims arising out of defendant’s rejection of a package containing religious prayer oil. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Shakur v. Schriro, 514 F.3d 878, 883 (9th Cir.2008), and we affirm.

The district court properly granted summary judgment on Jenkins’ First Amendment claims regarding the prison’s practice of returning packages from unapproved religious vendors, without providing prisoners with an opportunity to select the method of disposal. The district court properly concluded the practice was a reasonable restriction on his free exercise rights. 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’ constitutional rights, the regulation is valid if it is reasonably related to legitimate penological interests.”); O’Lone v. Estate of Shabazz, 482 U.S. 342, 350-53 , 107 S.Ct. 2400 , 96 L.Ed.2d 282 (1987) (prison’s regulation prohibiting return of prisoners to the prison during the day was a…