Opinion
CRIMINAL ACTION NO. 17-02-DLB-EBA-1
06-30-2017
UNITED STATES OF AMERICA PLAINTIFF v. DIXIE CLARK DEFENDANT
ORDER ADOPTING REPORT AND RECOMMENDATION
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This matter is before the Court upon the Report and Recommendation ("R&R") of United States Magistrate Judge Edward B. Atkins (Doc. # 23), wherein he recommends that Defendant Dixie Clark be found competent to stand trial. Defendant moved for a competency evaluation on February 8, 2017 (Doc. # 8), and after undergoing an evaluation, a competency hearing was held before the Magistrate Judge on June 8, 2017 (Doc. # 22). No objections having been filed in response to the R&R, and the time to do so having now expired, the R&R is ripe for the Court's consideration.
Having reviewed the Magistrate Judge's thorough R&R, the Court concludes that it is sound in all respects. Accordingly,
IT IS HEREBY ORDERED as follows:
(1) The Report and Recommendation of the United States Magistrate Judge (Doc. # 23) be, and hereby is, adopted in full as the findings of fact and conclusions of law of the Court;
(2) Defendant Dixie Clark is found competent to stand trial and continue the criminal proceedings in this matter;
(3) The time period between February 8, 2017 and the date of entry of this order shall be excluded from the Defendant's Speedy Trial Act calculation; and
(4) This matter remains scheduled for a Pretrial Conference on Monday, July 10, 2017 at 9:30 a.m. in Ashland.
This 30th day of June, 2017.
Signed By:
David L . Bunning
United States District Judge K:\DATA\ORDERS\Ashland Criminal\2017\17-02 Order adopting R&R.wpd