Opinion
CRIMINAL 23-14-DLB-EBA
02-09-2024
UNITED STATES OF AMERICA PLAINTIFF v. SKYLAR ALLEN MULLINS DEFENDANT
ORDER ADOPTING REPORT AND RECOMMENDATION
DAVID L. BUNNING UNITED STATES DISTRICT JUDGE
By prior Order, Defendant Mullins' Motion for a Psychiatric Exam was granted (Doc. # 16). Consistent with local practice, this matter was referred to Magistrate Judge Edward B. Atkins for the purpose of preparing a Report and Recommendation. After holding a competency hearing, (Doc. # 31), Magistrate Judge Atkins issued a Report and Recommendation on January 24, 2024, recommending that Defendant was competent to face further proceedings, including a trial, in this matter. (Doc. # 32). No objections were filed. Indeed, during the hearing, Defendant orally stipulated to the content of the competency evaluation and the findings of competency (Doc. # 32).
Having reviewed the Magistrate Judge's Report and Recommendation, the Court concurs with the recommendation that Defendant Mullins is competent to face further proceedings. Thus, the Report and Recommendation will be adopted in full.
Accordingly, IT IS ORDERED AND ADJUDGED as follows:
(1) The Magistrate Judge's Report and Recommendation (Doc. # 32) be, and is hereby, ADOPTED as the Findings of Fact and Conclusions of Law of the Court;
(2) Defendant Mullins is deemed COMPETENT to face further proceedings, including a trial, in this matter; and
(3) This matter is scheduled for a Scheduling Conference on Tuesday, February 13, 2024 at 12:30 p.m. in Ashland before the undersigned.