Opinion
Criminal No. 10-42-GFVT.
May 17, 2011
ORDER
This matter is before the Court pending review of the Recommended Disposition of United States Magistrate Judge Hanly A. Ingram [R. 31] filed herein on March 15, 2011. Consistent with local practice, the Recommended Disposition addresses the question of competency of the Defendant, Jerry Fuston. [Id.]
After reviewing the forensic report of the Defendant's psychiatric evaluation and conducting a competency hearing, Magistrate Judge Ingram concluded that the Defendant "is able to understand the nature and consequences of the proceedings against him and to assist properly in his own defense." [Id.] The Recommended Disposition advises the parties that any objections must be filed within fourteen days of service and that failure to object waives the right to further appeal. [Id.] As of this date, neither party has filed objections or sought an extension of time to do so. Thus, pursuant to 28 U.S.C. § 636(b)(1), this Court will adopt the Recommended Disposition.
Accordingly, and the Court being sufficiently advised, it is hereby ORDERED as follows:
1. The Magistrate Judge's Recommended Disposition [R. 31] is ADOPTED as and for the opinion of this Court;
2. Pursuant to 18 U.S.C. § 3161(h)(1)(A), the Court DECLARES all time related to the competency evaluation and determination excludable under the Speedy Trial Act.
3. The trial will be held on Tuesday, May 31, 2011 at 1:00 p.m. in London, Ky.
4. The Clerk of the Court is directed to provide a copy of this Order to the United States Probation Office and the United States Marshal.
This the 17th day of May, 2011.