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Eugene A. MAUWEE, Sr., Plaintiff-Appellant, v. Valerie OLIVAS, Lt., Defendant-Appellee

United States Court of Appeals for the Ninth Circuit2016-01-27No. No. 14-16337
633 F. App'x 386

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Opinion

majority opinion

MEMORANDUM

Nevada state prisoner Eugene A. Mau-wee, Sr., appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging a violation of his right to religious free exercise. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, and may affirm on any basis supported by the record. San Jose Christian Coll. v. City of Morgan Hill, 360 F.3d 1024, 1029-30 (9th Cir.2004). We affirm.

Summary judgment was proper on Mau-wee’s First Amendment claim because Mauwee failed to raise a genuine dispute of material fact as to whether the five-month deprivation of deer antlers used for Native American inmates’ sweat lodge ceremonies burdened Mauwee’s religious expression. See Walker v. Beard, 789 F.3d 1125, 1138 (9th Cir.2015) (elements of a free exercise claim); see also O’Lone v. Estate of Shabazz, 482 U.S. 342, 351-52, 107 S.Ct. 2400, 96 L.Ed.2d 282 (1987) (prisoners’ free exercise rights are not violated where, although they were precluded from participating in a particular religious ceremony, they were free to perform other rituals of their religion).

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) (per curiam).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.