Sanders

MEMORANDUM **

Michael Sanders appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that the defendants violated his rights under the First Amendment, the Religious Land Use and Institutionalized Persons Act (“RLUI-PA”), and Title II of the Americans with Disabilities Act of 1990 (“ADA”). 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 in part, vacate in part, and remand.

The district court properly granted summary judgment on Sanders’s RLUIPA claim because he failed to present a triable issue concerning whether the defendants had substantially burdened the exercise of his religion. See Warsoldier v. Woodford, 418 F.3d 989, 994 (9th Cir.2005) (noting that it is the prisoner’s initial burden to demonstrate a prima facie claim that the prison policies constitute a substantial burden on the exercise of his religious beliefs). Sanders’s ability to listen to the religious service audiotapes in his possession and to receive additional tapes at his discretion demonstrates that the defendants did not substantially burden his religious practice. Because Sanders…