Cdcr
Curry v. California Department of Corrections
Opinion
Opinion
MEMORANDUM
California state prisoner Terrell D. Curry appeals pro se from the district court’s summary judgment in his action under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act (“RLUI-PA”) alleging that defendants’ refusal to provide him with a Kemenic religious food diet violated the free exercise clause of the First Amendment and RLUIPA. 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 Curry’s RLUIPA claim because defendants met their burden to show that their refusal to provide Curry with a Kemenic food diet, as conceived of and described by Curry, of mostly raw, vegan,- non-genetieally modified and non-irradiated food was the least restrictive means of furthering the prison’s compelling interests in prison security and cost-efficient food service. See 42 U.S.C. § 2000cc-l(a)(l)-(2) (stating that under RLUIPA, “[n]o government shall impose a substantial burden on the religious exercise” of a prisoner unless the government establishes that the burden furthers “a compelling governmental interest” and does so…