Opinion
No. 07-3939.
Answer due 2/3/09. Argued 12/10/08.
Dated: February 5, 2009.
1. Motion by Appellee to clarify the Opinion. Tonya Wyche 267-299-4938 Case Manager.
PRESENT: McKEE, SMITH and ROTH, Circuit Judges.
ORDER
The foregoing Motion by Appellee to Clarify the Opinion is construed as a Motion to Amend the Opinion. The Motion to Amend the Opinion is GRANTED and the Opinion filed on January 8, 2009 is amended as set forth below.
The first complete sentence on page six of the opinion accessed at www.ca3.uscourts.gov, which states: "In our view, it is the District Court that must determine, albeit with the advice or opinion of a mental health professional, the type and duration of mental health treatment" is AMENDED by eliminating the clause "albeit with the advice or opinion of a mental health professional". As amended, the sentence shall state: "In our view, it is the District Court that must determine the type and duration of mental health treatment."