Gregory Mitchell v. Jim Hamlet

Good Law
462 F. App'x 765
United States Court of Appeals for the Ninth CircuitDecember 21, 201110-17308California299 words

Opinion

Opinion

MEMORANDUM

Gregory Mitchell, an inmate at the Correctional Training Facility in Soledad, California, appeals pro se from the district court’s summary judgment for defendants in his civil rights action. Mitchell alleged violations of his religious rights as a Muslim under the First and Fourteenth Amendments, pursuant to 42 U.S.C. § 1983 , and under the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”). We have jurisdiction under 28 U.S.C. § 1291 . We review the summary judgment de novo, Shakur v. Schriro, 514 F.3d 878, 883 (9th Cir.2008), and we affirm.

The district court correctly determined that Mitchell did not present evidence raising a genuine issue of material fact in opposition to summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986). Although Mitchell pointed to his complaint, to declarations submitted in support of his opposition, and to voluminous attachments to those documents, as well as to a request for judicial notice, none of these shows a substantial burden on Mitchell’s religious practice that meets the standard of RLUIPA or raises constitutional concerns. See Shakur, 514 F.3d at…

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