Sabin Barendt v. Jim Gibbons

MEMORANDUM

Sabin Barendt, a Nevada state prisoner, appeals pro se from the district court’s summary judgment in his action under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000c et seq. 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 may affirm on any ground supported by the record. Trimble v. City of Santa Rosa, 49 F.3d 583, 584 (9th Cir. 1995) (per curiam). We affirm.

The district court properly granted summary judgment on Barendt’s RLUIPA claim relating to other inmates’ ability to participate with Barendt in a candle-lighting service, because he failed to introduce evidence that this limited restriction on a group religious service substantially burdened his ability to exercise his religion. See 42 U.S.C. § 2000cc-l(a)(l)-(2); War soldier 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); id. at 996 (prison policy imposes substantial burden when it “intentionally puts significant pressure on inmates ... to abandon their religious…