The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
FINDINGS AND RECOMMENDATIONS
Plaintiff is a prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. This action continues on claims involving inadequate dental care and violations of plaintiff's ability to practice his religion by not allowing him to conduct Buddhism study classes and the confiscation of a handmade Buddha statute.
Presently pending is plaintiff's motion for a temporary restraining order seeking the use of permanent fillings in his teeth, a location to hold Buddhism study classes, and a policy to permit him to display a handmade Buddha statute. On January 20, 2011, the undersigned ordered that defendant file briefing solely related to the dental claims. Defendant filed a response on March 4, 2011, and plaintiff filed a reply on March 17, 2011.
Preliminary Injunction/Temporary Restraining Order
"The proper legal standard for preliminary injunctive relief requires a party to demonstrate 'that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.'" Stormans, Inc. v. Selecky, 571 F.3d 960, 978 (9th Cir. 2009), quoting Winter v. Natural Res. Def. Council, Inc., ___ U.S. ___, 129 S.Ct. 365, 375-76 (2008).
In cases brought by prisoners involving conditions of confinement, any preliminary injunction "must be narrowly drawn, extend no further than necessary to correct the harm the court finds requires preliminary relief, and be the least intrusive means necessary to correct the harm." 18 U.S.C. § 3626(a)(2).
Plaintiff states that he constructed a handmade Buddha that he uses for daily praying, but because the jail has no policy to protect such a display, it will be destroyed if found. Based on these allegations, the jail has not taken any action regarding the statue/altar and plaintiff seeks speculative prospective relief. "[P]laintiff must show that he has sustained or is immediately in danger of sustaining some direct injury as the result of the challenged official conduct and the injury or threat of injury must be both real and immediate, not conjectural or hypothetical." City of Los Angeles v. Lyons, 461 U.S. 95, 101-102, 103 S.Ct. 1660 (1983). Plaintiff's claim is not appropriate in a motion for a temporary restraining order/preliminary injunction and should be denied.
Plaintiff next alleges that jail officials refuse to allow plaintiff to hold Buddhism study classes, while Bible study classes are held in both English and Spanish. Plaintiff alleges that defendant Chaplain Ortiz does not allow Buddhism study materials to be mailed in,*fn1 and that more money is spent on chaplain programs than Buddhism programs. However, plaintiff does not allege that there are others who want to participate in Buddhism study classes nor has he offered any specific details or information concerning religious materials he requested, that were then denied.
Plaintiff is informed that defendants are not responsible for duplicating every religious benefit provided to other religions so that all religions are treated exactly the same. As the Supreme Court stated in Cruz v. Beto, 405 U.S. 319, 322, n.2, 92 S.Ct. 1079, 31 L.Ed.2d 263 (1972):
We do not suggest . . . that every religious sect or group within a prison-however few in number-must have identical facilities or personnel. A special chapel or place of worship need not be provided for every faith regardless of size; nor must a chaplain, priest, or minister be provided without regard to the extent of the demand. But reasonable opportunities must be afforded to all prisoners to exercise the religious freedom guaranteed by the First and Fourteenth Amendments without fear of penalty.
Application of the standard set forth in Cruz does not require "strict numerical analysis" or "create a system of ratios or quotas." Thompson v. Commonwealth of Ky., 712 F.2d 1078, 1081 (6th Cir. 1983) (upholding grant of summary judgment on Muslim inmates' request for access to chapel comparable to Christian inmates).
Under the Cruz standard, described above, defendants must provide plaintiff a "reasonable opportunity" to practice his religion in a ...