Seneca

Seneca v. Arizona

Good Law
345 F. App'x 226
United States Court of Appeals for the Ninth CircuitAugust 19, 2009No. 06-16342California1,431 words

Opinion

Lead Opinion

MEMORANDUM **

Arizona state prisoner Kristofer Seneca appeals pro se from the district court’s dismissal of his 42 U.S.C. § 1983 action alleging that the Arizona Department of Corrections (“ADOC”) violated his right to free exercise of religion under the First Amendment and the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. § 2000cc et seq. The district court dismissed as moot Seneca’s claims regarding the ADOC’s requirement that prisoners submit a verification letter in order to change their religious designation and the ADOC’s limitations on inmates’ access to religious items, and dismissed Seneca’s claim challenging the ADOC’s policy requiring that all religious items be purchased from the inmate store for failure to exhaust. We have jurisdiction to review the district court’s final orders pursuant to 28 U.S.C. § 1291 . We reverse the district court’s dismissal of two of Seneca’s claims as moot, and affirm the district court on all other grounds.

1. We review de novo the dismissal of a claim as moot. Demery v. Arpaio, 378 F.3d 1020, 1025 (9th Cir.2004). Voluntary cessation of challenged conduct renders a claim moot if “(1) it can be said…

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