Opinion
CR410-099
06-30-2022
UNITED STATES OF AMERICA, v. WAYNE MUNGIN, Defendant.
ORDER
WILLIAM T. MOORER UNITED STATES DISTRICT COURT
Before the Court is the Magistrate Judge's May 26, 2022, Report and Recommendation (Doc. 168), to which no party has filed objections. After a careful review of the record, the Report and Recommendation is ADOPTED as the Court's opinion in this case.
The Court reviews de novo a magistrate judge's findings to which a party objects, and the Court reviews for clear error the portions of a report and recommendation to which a party does not object. 28 U.S.C. § 636(b)(1); see Merchant v. Nationwide Recovery Serv., Inc., 440 F.Supp.3d 1369, 1371 (N.D.Ga. 2020) (citing Macort v. Prem, Inc., 208 Fed.Appx. 781, 784 (11th Cir. 2006) (per curiam) (outlining the standard of review for report and recommendations)).
Accordingly, the Court finds that Defendant Wayne Mungin is presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense. Competency restoration procedures are, therefore, appropriate. 18 U.S.C. § 4241(d). The parties' joint motion seeking inpatient competency restoration services for Defendant (Doc. 161) is GRANTED. Defendant is committed to the custody of the Attorney General, who is DIRECTED to hospitalize him for treatment in a suitable facility for such a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit the proceedings under 18 U.S.C. § 4243(g) to go forward. 18 U.S.C. 4241(d) (1); see United States v. Donofrio, 896 F.2d 1301, 1303 (11th Cir. 1990) .
SO ORDERED