Brian Prins, incarcerated and pro se, appeals a June 26, 1995 order of the United States District Court for the Southern District of New York (Mukasey, /.), denying his motion to amend his complaint and granting the defendants’ motion for summary judgment.
BACKGROUND
Prins was an inmate in the custody of New York State’s Department of Correctional Services (“DOCS”), was transferred from the Green Haven Correctional Facility (“Green Haven”) to the Clinton Correctional Facility (“Clinton”), and is now apparently confined in a Florida correctional facility. On March 24, 1994, Prins filed the present complaint against Thomas Coughlin III, Commissioner of DOCS, and Green Haven administrators, claiming that his transfer substantially burdened his exercise of religious freedom as a Jew in violation of the Religious Freedom Restoration Act of 1993 (“RFRA”), 42 U.S.C. § 2000bb-l. Green Haven is located in the Southern District of New York; Clinton is located in the Northern District of New York.
The complaint alleged that Prins (1) has “a sincere and strongly held religious belief that his hair and beard must not be shaved, cut, or trimmed and that he MUST maintain a KOSHER DIET at all times”; and (2) has “a sincere and strongly held religious belief that, he should be in a facility that has daily prayer services with a minyan as required by Jewish law, and permitted by DOCS officials in this State.” However, the sole articulated legal theory was that the defendants had “deprived plaintiff of his right to a Hot Kosher Diet each and every day he is under the control of DOCS.” In his demand for relief, the only equitable relief Prins specifically
On August 2, 1994, after a hearing conducted in June, the district court denied Prins’ application for a preliminary injunction ordering his return to Green Haven so that he could have hot kosher food. On November 22, 1994, the defendants filed a motion for summary judgment. On December 26, 1994, Prins filed a Rule 3(g) statement in opposition to the defendants’ motion, in which he described how the Jewish services at Clinton were less frequent and less traditional than those he attended at Green Haven; Prins also complained about DOCS’s one-inch beard rule.
On June 23, 1995, the district court issued a memorandum and order granting the defendants’ motion for summary judgment and dismissing Prins’ complaint. The district court found Prins had failed to present any evidence that the kosher diet at Clinton failed to meet the standards of Kahane v. Carlson,
DISCUSSION
A.
Although not raised by either party, we first consider whether we lack jurisdiction by reason of mootness. In order for a federal court to retain jurisdiction over a case, an actual controversy must exist “at all stages of review, not merely at the time the complaint is filed.” Preiser v. Newkirk,
It is settled in this Circuit that a transfer from a prison facility moots an action for injunctive relief against the transferring facility. Young v. Coughlin,
B.
We review de novo a grant of summary judgment. Aslanidis v. United States Lines, Inc.,
In its August 2, 1994, Opinion and Order denying Prins’ motion for a preliminary injunction, the district court observed in a footnote that “a prison inmate ordinarily has no due process right to avoid a transfer from one prison to another, even though the transferee prison may have more severe conditions than the transferor prison.” The district court then proceeded (in the main body of the opinion) to address Prins’s claim under the RFRA regarding hot kosher food. The court concluded that the kosher food at Clinton passed constitutional and statutory muster, denied the preliminary injunction, and reaffirmed its reasoning in the June 23,1995, Memorandum and Order dismissing Prins’s complaint.
As the district court noted at the outset, a prisoner generally has no due process right to challenge a transfer from one facility to another. Meachum v. Fano,
We do not read Salahuddin v. Coughlin,
In Salahuddin, the challenge to the prison transfer would have been reached on remand only after the district court determined that the failure to provide any opportunity for congregate religious services at the transferee facility was reasonable and therefore constitutional. That decision, therefore, allows a challenge to a transfer only where the transferee facility reasonably lacks any opportunity whatsoever for the exercise of a prisoner’s religion. See
Similarly, we affirm the district court’s decision to deny Prins’s putative motion to amend his complaint to include charges that the religious services at Clinton are not as frequent or as rigorous as the ones at Green Haven. We review for abuse of discretion a district court’s denial of a motion to amend. S.S. Silberblatt, Inc. v. East Harlem Pilot Block,
CONCLUSION
We have examined Prins’s other arguments and find them to be meritless. For the foregoing reasons we affirm the judgment of the district court.
