Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Joshua Davis BLAND, Plaintiff-Appellant, v. Scott KERNAN; California Department of Corrections and Rehabilitation, Defendants-Appellees.
MEMORANDUM **
California state prisoner Joshua Davis Bland appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 and Religious Land Use and Institutionalized Persons Act (“RLUIPA”) action alleging religious discrimination. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court's dismissal of a complaint as frivolous. Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We may affirm on any basis supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir. 2008). We affirm.
Dismissal of Bland's First Amendment and RLUIPA claims was proper because Bland failed to allege facts sufficient to show that the policy of the California Department of Corrections and Rehabilitation prohibiting incarcerated persons from possessing pornographic materials bore no reasonable relationship to the legitimate penological interest of prison security, or that the policy substantially burdened his religious practice. See Jones v. Williams, 791 F.3d 1023, 1031-32 (9th Cir. 2015) (setting forth elements of a § 1983 free exercise claim); Walker v. Beard, 789 F.3d 1125, 1137-38 (9th Cir. 2015) (setting forth elements of a RLUIPA claim); Mauro v. Arpaio, 188 F.3d 1054, 1059-60 (9th Cir. 1999) (explaining that prison's ban on sexually explicit material did not violate the First Amendment).
We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Bland's motion for exigent adjudication (Docket Entry No. 10) is denied as moot.
AFFIRMED.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 20-16565
Decided: September 21, 2021
Court: United States Court of Appeals, Ninth Circuit.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)