United States of America v. Anderson

Filing 28

ORDER ADOPTING 19 Report and Recommendation, OVERRULING 24 Objections; GRANTING 1 Petition. (Written Opinion). Signed by Judge Richard H. Kyle on 07/13/09. (rhks)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

United States of America, Petitioner, v. Keith E. Anderson, Respondent.

Civil No. 09-08 (RHK/FLN) ORDER

Before the Court are Respondent's Objections to the May 5, 2009 Report and Recommendation of Magistrate Judge Franklin L. Noel in which Judge Noel determined that (a) Respondent is suffering from a mental disease or defect; (b) he is in need of custody, care, or treatment of disease or defect, and (c) FMC-Rochester is a suitable facility. This Court has conducted a de novo review of Judge Noel's Report and Recommendation, as well as Respondent's Objections thereto; that review has included transcripts of the March 4, 2009 and April 10, 2009 hearings before Judge Noel at FMCRochester. Based upon that review, the Court concludes that Judge Noel's recommended disposition is fully supported by the record before him and controlling legal principles. Based on the foregoing, and upon all the files, records and proceedings herein, IT IS ORDERED;
1. Respondent's Objections (Doc. No. 24) are OVERRULED; 2. The Report and Recommendation (Doc. No. 19) is ADOPTED; and

3. The Petition (Doc. No. 1) is GRANTED,

Dated: July 13, 2009 s/Richard H. Kyle RICHARD H. KYLE United States District Judge

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