Taylor v. Broomfield CA3

Filed 9/5/24 Taylor v. Broomfield CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

TRACY TAYLOR, C099288

Plaintiff and Appellant, (Super. Ct. No. 34-2021- 80003783-CU-WM-GDS) v.

RON BROOMFIELD, as Director etc.,

Defendant and Respondent.

After the trial court sustained a demurrer to appellant Tracy Taylor’s petition for writ of mandate with leave to amend, Taylor filed an amended petition mandating that Connie Gipson, the former Director of the Division of Adult Institutions within the California Department of Corrections and Rehabilitation (Department) allow him access to specified tobacco products. Taylor alleged these products were needed to participate in the “Wheel of Love Ceremony” (Ceremony), a religious exercise associated with his

claimed religion of Thelema. Ron Broomfield has since succeeded Gipson, and we will refer to Broomfield as the Director here. The Director demurred to the amended petition and the trial court sustained the demurrer without leave to amend. Taylor filed this appeal. We dismiss the appeal for lack of a final judgment. Orders sustaining demurrers are not appealable.

FACTS AND HISTORY OF THE PROCEEDINGS Taylor is a prisoner in the custody of the Department and has been imprisoned for many years in several Department prisons. In a declaration filed in this action, Taylor alleges he is a follower of the religion Thelema, and that a religious exercise he follows under that religion is “the Wheel of Love Ceremony.” This ceremony takes place in his cell during which he places certain tobacco products in the four corners of his cell. He alleges that placing the tobacco in his cell during the Ceremony is intended to keep negative energy out of the cell. We note that over the years, Taylor has filed multiple petitions for writs of habeas corpus in different trial courts seeking to compel various prison personnel and agents of the Department to provide him access to tobacco for use in the Ceremony. We need not summarize his mixed success with those petitions. Taylor filed this action for mandate in December 2021. The Director demurred to the first petition and the trial court sustained the demurrer. On October 3, 2022, Taylor filed an amended verified petition for writ of mandate. In the amended petition, Taylor sought to compel the Director to make specific tobacco products available to him for use in the Ceremony and to restrain the Director, the Department, and anyone acting under their authority “from interfering with petitioner[’s] religious exercises by stopping petitioner from obtaining and using tobacco products.”