Anthony Bailey, Plaintiff-appellant, v. John Ignacio, Warden, Individually and Officially, Defendant-appellee, 106 F.3d 406 (9th Cir. 1997)

MEMORANDUM^** 

Anthony Bailey, a Nevada state prisoner, appeals pro se the district court's summary judgment in favor of prison warden John Ignacio in Bailey's action brought pursuant to 42 U.S.C. § 1983 and the Religious Freedom Restoration Act ("RFRA"), 42 U.S.C. § 2000bb. Bailey alleged that Ignacio failed to provide Bailey, a Muslim, with a nutritionally adequate diet during the Holy month of Ramadan. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review the district court's summary judgment de novo, see McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir. 1992), and we affirm.

The district court considered evidence submitted by Bailey in response to the defendant's motion for summary judgment, and concluded that there was no genuine issue of material fact as to Bailey's religious exercise claim.

After conducting a de novo review of the record, we conclude that Bailey failed to show that the defendant substantially burdened his religious freedom. See Bryant v. Gomez, 46 F.3d 948, 949 (9th Cir. 1995) (per curiam).

AFFIRMED.¹