ORDER

DEAN WHIPPLE, Magistrate Judge.

Before the Court is the Report and Recommendation (Doc. 32) of Magistrate Judge John T. Maughmer, recommending that the Court find Defendant incompetent to understand the nature and consequence of the proceedings against him and to assist properly in his defense. On February 17, 2016, on defense counsel's motion, Defendant was ordered to undergo a psychiatric examination. Robert Johnson, Ph.D. examined Defendant and filed a report opining that Defendant is not mentally competent to stand trial. At the May 16, 2016 competency hearing, the parties stipulated to Dr. Johnson's report. To date, no written objections have been filed as to Magistrate Judge Maughmer's Report and Recommendation. After an independent review of the record and the applicable law, the Court accepts Magistrate Judge Maughmer's recommendation and finds that Defendant is presently rendered mentally incompetent by a mental disease or defect which prevents him from understanding the nature and consequences of the proceedings against him and from assisting properly in his defense. It is therefore ORDERED that:

SO ORDERED.

REPORT AND RECOMMENDATION

On February 2, 2016, counsel for defendant Gaudette filed a motion pursuant to 18 U.S.C. § 4241 for a determination of the mental competency of the defendant to stand trial. That motion was granted and, prior to holding a hearing to determine the mental competency of the defendant, the Court entered its Order pursuant to 18 U.S.C. § 4241(b) directing that a psychological or psychiatric examination of the defendant be conducted and that a psychological or psychiatric report be filed with the Court pursuant to 18 U.S.C. §§ 4247(b) and (c).

The Court has now received the psychological or psychiatric report of Dr. Robert Johnson which concluded that the defendant is incompetent to understand the nature and consequence of the proceedings against him and to assist properly in his defense. This report has been provided to and reviewed by counsel for the government and counsel for the defendant. On May 16, 2016, a hearing was held pursuant to 18 U.S.C. § 4247(d) for the purpose of determining the mental competency of the defendant to stand trial. At this hearing, counsel for the government and counsel for the defendant stipulated that the Court could consider the report of Dr. Johnson as if Dr. Johnson had appeared in person and testified under oath. No additional evidence was offered by the government or by the defendant.

Based on the record before the Court and the findings of Dr. Johnson, it is

RECOMMENDED that the District Court, after conducting its own independent review of the record, find that defendant Jesse James Gaudette is incompetent to understand the nature and consequence of the proceedings against him and to assist properly in his defense. It is further

RECOMMENDED that, pursuant to 18 U.S.C. 4241(d), the Court enter an order committing defendant Gaudette to the custody of the Attorney General for hospitalization and treatment in a suitable facility for a reasonable time up to 120 days to determine whether there is a substantial probability that in the foreseeable future, the defendant will attain the capacity to permit the trial to proceed.

Counsel are reminded that each has 14 days from the date of receipt of a copy of this Report and Recommendation to file and serve specific objections to the same. A failure to file and serve timely objections shall bar attack on appeal of the factual findings in this Report which are accepted or adopted by the District Judge except upon the ground of plain error or manifest injustice.