Pennington

INTRODUCTION

14 Plaintiff Henry Moses Mitchell, aka Henry C. Hayes, alleges in this 42 U.S.C. 15 § 1983 suit that prison staff refused to issue him books that he ordered for a divinity class, 16 thereby violating his free exercise of religion rights under the First Amendment. Mitchell 17 has filed a motion for summary judgment, defendants have filed a cross-motion for 18 summary judgment, Mitchell has filed objections to defendants’ motion, and defendants 19 have filed a reply. 20 Summary judgment will be granted in defendants’ favor because the undisputed 21 record shows that Mitchell’s right to free exercise was not substantially burdened by 22 defendants’ conduct. Mitchell could have exchanged four of the books he already had for 23 the four he ordered; defendants merely asked him to do so. Furthermore, defendants are 24 entitled to qualified immunity. Accordingly, defendants’ motion for summary judgment is 25 GRANTED, and Mitchell’s motion for summary judgment is DENIED.

27 BACKGROUND Mitchell is a California state prisoner who was housed at Pelican Bay State Prison when the alleged events giving rise to this suit occurred. …