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U.S. v. Hubbard, 6:17-CR-051-CHB-HAI-2. (2018)

Court: District Court, E.D. Kentucky Number: infdco20181019k37 Visitors: 10
Filed: Oct. 16, 2018
Latest Update: Oct. 16, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION ON COMPETENCY CLARIA HORN BOOM , District Judge . This matter is before the Court on the Report and Recommendation filed by United States Magistrate Judge J. Gregory Wehrman [R. 199]. The Report and Recommendation addresses whether Defendant is competent to proceed to trial pursuant to 18 U.S.C. 4241 and 4247(d). After reviewing the competency evaluation by Dr. Chad Tillbrook, Ph.D. [R. 190] and conducting a hearing, Magistrate Judge Wehrman concl
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ORDER ADOPTING REPORT AND RECOMMENDATION ON COMPETENCY

This matter is before the Court on the Report and Recommendation filed by United States Magistrate Judge J. Gregory Wehrman [R. 199]. The Report and Recommendation addresses whether Defendant is competent to proceed to trial pursuant to 18 U.S.C. § 4241 and 4247(d).

After reviewing the competency evaluation by Dr. Chad Tillbrook, Ph.D. [R. 190] and conducting a hearing, Magistrate Judge Wehrman concluded, in accordance with the competency evaluation, that there was "no evidence which tends to show that Defendant is not competent." [R. 199 at p. 7]. The Government and the defendant both stipulated to the admission of the report and also to the findings contained therein. Id. at p. 1. The Magistrate Judge recommended that the undersigned find the defendant is competent to face further proceedings, including trial, in this matter. Id. at p. 7.

Generally, this Court must make a de novo determination of those portions of the Report and Recommendation to which objections are made. 28 U.S.C. § 636(b)(1). When no objections are made, this Court is not required to "review . . . a magistrate's factual or legal conclusions, under a de novo or any other standard. . . ." See Thomas v. Arn, 474 U.S. 140, 151 (1985). Parties who fail to object to a magistrate judge's report and recommendation are also barred from appealing a district court's order adopting that report and recommendation. United States v. White, 874 F.3d 490, 495 (6th Cir. 2017); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).

Judge Wehrman's Report and Recommendation advised the parties that any objections must be filed within fourteen (14) days. [R. 199 at p. 7] The time to file objections has passed, and neither party has filed any objections to the Report and Recommendation nor sought an extension of time to do so. See id.; Fed. R. Crim P. 59(b). Nevertheless, this Court has examined the record, and agrees with the Magistrate Judge's Report and Recommendation.

Accordingly, and the Court being otherwise sufficiently advised,

IT IS HEREBY ORDERED as follows:

1. The Magistrate Judge's Report and Recommendation [R. 199] is ADOPTED as the opinion of this Court.

2. The Court FINDS that Defendant Ronald Brandon Hubbard is competent to face further proceedings in this matter.

Source:  Leagle

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