Barry Patterson v. Unknown Moore

MEMORANDUM

Arizona state prisoner Barry Northcross Patterson appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging violations of his right to free exercise of his religious beliefs under the First Amendment and the Religious Land Use and Institutionalized Persons Act (“RLUIPA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Akhtar v. Mesa, 698 F.3d 1202, 1212 (9th Cir.2012) (dismissal for failure to state a claim under Fed.R.Civ.P. 12(b)(6)); Shakur v. Schriro, 514 F.3d 878, 883 (9th Cir.2008) (summary judgment). We affirm.

The district court properly granted summary judgment on Patterson’s First Amendment claim because Patterson failed to raise a genuine dispute of material fact as to whether the combination vegetarian/kosher diet burdened the religious expression of his faith. See Shakur, 514 F.3d at 884-85 (Free Exercise Clause is only implicated when a prison practice burdens a prisoner’s sincerely-held religious beliefs).

The district court properly dismissed Patterson’s RLUIPA claim for monetary relief because such a claim may proceed only for injunctive relief against defen dants acting within their official…