Dorian Davis v. E. Flores

MEMORANDUM

California state prisoner Dorian Davis appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging denial of the right to practice his religion in violation of the First Amendment, the Religious Land Use and Institutionalized Person’s Act (“RLUIPA”), and the Equal Protection Clause of the Fourteenth Amendment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo both a dismissal for failure to state a claim under 28 U.S.C. § 1915 (e)(2), Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and the district court’s summary judgment, Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001). We affirm in part, vacate in part, and remand.

The district court properly dismissed Davis’s equal protection claim because he failed to allege facts showing he was intentionally treated differently from similarly situated inmates. See Thornton v. City of St. Helens, 425 F.3d 1158, 1166-67 (9th Cir.2005).

The district court properly granted summary judgment on Davis’s First Amendment claims premised on the seven-month prohibition against using prayer oil in cells because Davis failed to raise a genuine dispute of material fact as to…