United States v. Garcia, 2:18-cr-68-FtM-38MRM. (2019)
Court: District Court, M.D. Florida
Number: infdco20191202693
Visitors: 5
Filed: Nov. 27, 2019
Latest Update: Nov. 27, 2019
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. 126) on Defendant Juan Carlos Alfaro Garcia's Motion for Hearing to Determine Competency (Doc. 63). He recommends that the Court find Garcia to be competent and this action proceed to trial. (Doc. 126 at 43). Neither party objects to the Report and Recommendation, and the time to do so has expired. The Report and Recommendation is ripe for rev
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. 126) on Defendant Juan Carlos Alfaro Garcia's Motion for Hearing to Determine Competency (Doc. 63). He recommends that the Court find Garcia to be competent and this action proceed to trial. (Doc. 126 at 43). Neither party objects to the Report and Recommendation, and the time to do so has expired. The Report and Recommendation is ripe for revi..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. 126) on Defendant Juan Carlos Alfaro Garcia's Motion for Hearing to Determine Competency (Doc. 63). He recommends that the Court find Garcia to be competent and this action proceed to trial. (Doc. 126 at 43). Neither party objects to the Report and Recommendation, and the time to do so has expired. The Report and Recommendation is ripe for review.
A district judge "may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). The district judge "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." Id. And "[t]he judge may also receive further evidence or recommit the matter to the magistrate judge with instructions." Id.
After examining the file independently, and upon considering Judge McCoy's findings and recommendations, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 126) is ACCEPTED and ADOPTED and the findings incorporated therein.
(2) Defendant Juan Carlos Alfaro Garcia's Motion for Hearing to Determine Competency (Doc. 63) is GRANTED IN PART and DENIED IN PART as follows:
a. The motion is granted to the extent that the Court held an evidentiary hearing to determine Garcia's competency;
b. The motion is denied to the extent that the Court finds Garcia to be competent to proceed to trial and to assist properly in his defense; and
c. The motion is denied to the extent it seeks any other relief.
(3) This case remains set for the January 2020 trial term with a status conference on December 9, 2019.
(4) The Court will discuss specific accommodations necessary for Defendant, if any, at a final pretrial conference.
DONE AND ORDERED.
FootNotes
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Source: Leagle
