USA v. Taylor

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations (Sealed), re 1 Petition for Mental Status (Sealed), filed by USA. It is further ordered that defendant be, and is hereby, committed under the provisions of 18 U.S.C. Sec. 4246. Copy of Order mailed to defendant. Signed on 7/13/17 by District Judge M. Douglas Harpool. (View, Pat)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION

UNITED STATES OF AMERICA,

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Plaintiff,
vs.
JOEL TAYLOR,
Defendant.

Case No. 17-cv-3046-MDH

ORDER
Pursuant to the governing law and in accordance with Local Rule 72.1 of the United
States District Court for the Western District of Missouri, the Petition to Determine Present
Mental Condition of an Imprisoned Person (Doc. 1) was referred to the United States Magistrate
Judge for preliminary review under 28 U.S.C. § 636(b).
The United States Magistrate Judge has completed his preliminary review of the Petition
for Determination of Defendant’s mental condition and has submitted a Report and
Recommendation to the undersigned. (Doc. 8).
On February 23, 2017 Ian Lewis entered an appearance on behalf of Defendant. On
March 3, 2017, Defendant filed a pro se opposition to the Petition. (Doc. 4). On June 20, 2017
the magistrate held a hearing on the pending 4246 Petition. Defendant was represented at the
hearing by his attorney, Mr. Lewis. During the hearing, Defendant indicated he wanted to
withdraw his pro se opposition to the Petition. Defendant further stated, through counsel, that he
consented to the Petition and that he waived the 14 day time to filed exceptions. (Doc. 7).
After a review of the records before the Court, the Court finds by clear and convincing
evidence that commitment under the provisions of 18 U.S.C. § 4246 is appropriate. As set forth
in detail in the Magistrate’s Report and Recommendation, Defendant has been diagnosed with
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unspecified schizophrenia spectrum and other psychotic disorder. The risk assessment panel
unanimously agree that Defendant meets the requirements for civil commitment under 18 U.S.C.
§ 4246.
Wherefore, based on an independent and careful review of the record, the Court finds by
clear and convincing evidence that commitment under the provisions of 18 U.S.C. § 4246 is
appropriate.
For the reasons stated herein, Defendant’s pro se objection is withdrawn.
It is FURTHER ORDERED that the Report and Recommendation of the United States
Magistrate Judge is ADOPTED and incorporated herein.
It is FURTHER ORDERED that defendant be, and is hereby, committed under the
provisions of 18 U.S.C. § 4246.

IT IS SO ORDERED.
DATED:

July 13, 2017
/s/ Douglas Harpool________________
DOUGLAS HARPOOL
UNITED STATES DISTRICT JUDGE

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