Tyrone Rogers v. G. Giurbino

MEMORANDUM

Tyrone Rogers, an inmate at Centinela State Prison, 'filed a complaint for injunc-tive relief and damages, alleging infringement of several constitutional rights under both 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. .§§ 2000cc, et seq. (“RLUIPA”). The district court dismissed several of Rogers’s § 1983 claims under 28 U.S.C. § 1915 (e)(2)(B)(ii) and others under Federal Rule of Civil Procedure 12(b)(6), all of which he challenges on appeal, Rogers also challenges the district court’s grant of summary judgment in favor of Defendant P. Kuzil-Ruan on his RLUIPA claim. His claims arose from three ten-day emergency lockdowns, and rolling lockdowns connected to a statewide staff reduction plan. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, reverse in pqrt, vacate in part, and remand for further proceedings.

1. Rogers’s outdoor exercise and access to courts claims were dismissed under 28 U.S.C. § 1915 (e)(2)(B)(ii). We review de novo a dismissal under § 1915(e)(2)(B)(ii), applying the same standard used to evaluate motions to dismiss under Rule 12(b)(6). Barren v. Harrington, 1 52 F.3d 1193, 1194…