Lewis v. Stewart et al

Filing 40

ORDER ADOPTING 38 REPORT AND RECOMMENDATION by Hon. David G. Estudillo. Defendants' supplemental motion for summary judgment (Dkt. No. 34 ) is GRANTED and Plaintiff's complaint is DISMISSED with prejudice. **2 PAGE(S), PRINT ALL**(David Lewis, Prisoner ID: 789870)(AMD)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DAVID D LEWIS,
v.

CASE NO. 3:20-cv-05248-DGE-TLF
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

BELINDA STEWART et al.,
Defendants.

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This matter comes before the Court on the Report and Recommendation of the Honorable

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Theresa L. Fricke, United States Magistrate Judge (Dkt. No. 38). Plaintiff brings an action under

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42 U.S.C. § 1983 alleging violations of his First, Eighth, and Fourteenth Amendment rights, as

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well as his rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA).

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The Court previously dismissed Plaintiff’s First Amendment claims with prejudice (Dkt. No.

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32). Defendants filed a supplemental motion for summary judgment pertaining to Plaintiff’s

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remaining claims (Dkt. No. 34). Because Plaintiff has failed to provide sufficient evidence to

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support his claims under the Eighth Amendment, the Fourteenth Amendment, and RLUIPA, the

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ORDER ADOPTING REPORT AND RECOMMENDATION - 1

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Report and Recommendation suggests granting Defendants’ supplemental motion for summary

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judgment.

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The Report and Recommendation also recommends that in forma pauperis status should

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be revoked in the event of any appeal. However, Plaintiff paid the filing fee and was never

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granted in forma pauperis status.

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The Court having considered the Report and Recommendation and the remaining record,
and no objections having been filed, does hereby find and order as follows:
(1) The Report and Recommendation (Dkt. No. 38) is ADOPTED except for the
recommendation to revoke the in forma pauperis status as such recommendation is not
applicable;
(2) Defendants’ supplemental motion for summary judgment (Dkt. No. 34) is GRANTED;
and

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(3) Plaintiff’s complaint is DISMISSED with prejudice.

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The Clerk is directed to send uncertified copies of this Order to all counsel of record and to

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any party appearing pro se at said party’s last known address.
DATED this 9th day of November 2021.

A

David G. Estudillo
United States District Judge

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ORDER ADOPTING REPORT AND RECOMMENDATION - 2