Country Stevens v. Howard Skolnik

MEMORANDUM

Nevada state prisoner Country Joe Stevens, aka Singing Horse, appeals pro se from the district court’s summary judgment in his action under the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”) and 42 U.S.C. § 1983 alleging violations in connection with the confiscation and destruction of his property. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Shakur v. Schriro, 514 F.3d 878, 883 (9th Cir.2008). We affirm.

The district court properly granted summary judgment on Stevens’s RLUIPA claim because Stevens failed to raise a genuine dispute of material fact as to whether the prison regulation requiring him to store religious property in a labeled box with an inventory form, and defendant Bauman’s enforcement of the policy, substantially burdened his ability to exercise his religion. See 42 U.S.C. § 2000cc-1(a)(1) — (2); Warsoldier v. Woodford, 418 F.3d 989, 994 (9th Cir.2005) (prisoner has initial burden to demonstrate that prison policies “constitute a substantial burden on the exercise of his religious beliefs”); Warsoldier, 418 F.3d at 996 (prison policy imposes substantial burden when it “intentionally puts significant pressure…