Raymond Roles v. Jay Christensen ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 10 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RAYMOND A. ROLES, No. 20-35071
Plaintiff-Appellant, D.C. No. 1:19-cv-00292-DCN
v.
MEMORANDUM*
JAY CHRISTENSEN, ISCC Warden;
RHONDA OWENS, ISCC, ASM,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Idaho
David C. Nye, District Judge, Presiding
Submitted December 2, 2020**
Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.
Idaho state prisoner Raymond A. Roles appeals pro se from the district
court’s judgment dismissing his action brought under 42 U.S.C. § 1983 and the
Religious Land Use and Institutionalized Persons Act (“RLUIPA”). We have
jurisdiction under 28 U.S.C. § 1291. We review de novo. Watison v. Carter, 668
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
F.3d 1108, 1112 (9th Cir. 2012) (dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii));
Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000) (dismissal under 28 U.S.C.
§ 1915A). We affirm.
The district court properly dismissed Roles’s action because Roles failed to
allege facts sufficient to show that defendants’ conduct placed a substantial burden
on his religious exercise. See Jones v. Williams, 791 F.3d 1023, 1031-32 (9th Cir.
2015) (elements of § 1983 free exercise claim); Walker v. Beard, 789 F.3d 1125,
1134 (9th Cir. 2015) (elements of a RLUIPA claim); San Jose Christian Coll. v.
City of Morgan Hill, 360 F.3d 1024, 1034 (9th Cir. 2004) (under RLUIPA, to
constitute a substantial burden on religious exercise, a regulation “must impose a
significantly great restriction or onus upon such exercise”).
AFFIRMED.
2 20-35071