Lambert v. Huertas

Full title: JOSHUA D. LAMBERT, Plaintiff, v. XLOMARA HUERTAS, et. al., Defendants.

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

Date published: Mar 29, 2021

CASE NO. 3:19-cv-05980-RJB-JRC (W.D. Wash. Mar. 29, 2021)

Opinion

CASE NO. 3:19-cv-05980-RJB-JRC

03-29-2021

JOSHUA D. LAMBERT, Plaintiff, v. XLOMARA HUERTAS, et. al., Defendants.

ROBERT J. BRYAN United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter comes before the Court on the Report and Recommendation of Magistrate Judge J. Richard Creatura. Dkt. 127. The Court has considered the Report and Recommendation and remaining record; no objections to the Report and Recommendation were filed. The Court does hereby find and ORDER:

(1) The Court adopts the Report and Recommendation (Dkt. 127).

(2) The Washington State Hospital ("WSH") defendants' motion to dismiss (Dkt. 100); the Department of Corrections ("DOC") defendants' motion for summary judgment (Dkt. 58); and the WSH defendants' motion for summary judgment (Dkt. 115) are denied without prejudice, subject to refiling based on the allegations contained in the second amended complaint

(3) The case is re-referred to Magistrate Judge J. Richard Creatura.

(4) The Clerk is directed to send copies of this Order to Plaintiff, counsel for Defendants, and to the Hon. J. Richard Creatura.

DATED this 29^th day of March, 2021.

/s/_________

ROBERT J. BRYAN

United States District Judge