Stewart

MEMORANDUM **

Former Arizona state prisoner Ronnie Eugene Stewart appeals pro se the district court’s summary judgment in favor of prison officials in his 42 U.S.C. § 1983 action alleging violations of the First, Eighth and Fourteenth Amendments. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Delta Sav. Bank v. United States, 265 F.3d 1017 , 1021 (9th Cir.2001), and we affirm.

The district court properly granted summary judgment to defendants on Stewart’s free exercise of religion claim because he failed to raise a triable issue as to whether prison officials had a legitimate penological interest in requiring inmates on the religious diet program to sign for each meal. See Ward v. Walsh, 1 F.3d 873, 876 (9th Cir.1993). Furthermore, Stewart failed to raise a triable issue of fact as to whether the sign-in sheets were unavailable during breakfast from March 9-14, 2001. See Sanchez v. Vild, 891 F.2d 240, 242 , (9th Cir.1989) (explaining that prisoner must present triable issues of fact to overcome summary judgment motion).

*905 The district court also properly granted summary judgment on Stewart’s claim that he suffered cruel and unusual punishment when his…