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Opinion
govinfo:USCOURTS-gand-1_10-cr-00160-4
FILED IN CHAMBERS
U.S.0.C . .;. Atlanta
IN THE UNITED STATES DISTRICT GOURT
FOR THE NORTHERN DISTRICT OF GEORGil\JUN 1 Q 2016
ATLANTA DIVISION
UNITED STATES OF AMERICA .- m��
v.
MARK JOSHUA RUARK
CRIMINAL ACTION FILE NO.
1:10-CR-160-0DE-JKL
ORDER
This criminal case is before the Court on the Amended1 Non-Final
Report and Recommendation of United States Magistrate Judge John K.
Larkins III filed May 13, 2016 [Doc. 177] ("Amended R&R") . No
objections have been filed.
In the Amended R&R, Judge Larkins recommends that Defendant
Ruark be declared not competent to stand trial and not restorable and
that the Attorney General be directed to effect a formal
certification regarding Mr. Ruark's dangerousness under 18 U.S.C.
§ 4246 (a) .
The Court having read and considered the Amended R&R and noting
the absence of any objections, it is hereby adopted as the opinion
and order of the Court. For the reasons set forth in the Amended
R&R, Defendant Ruark is declared NOT COMPETENT TO STAND TRIAL AND NOT
RESTORABLE. In addition, the Attorney General is DIRECTED to ensure
that a formal certification regarding Mr. Ruark' s dangerousness under
18 U.S.C. § 4246(a) be made from the director of the U.S. Medical
Center for Federal Prisoners within 45 days of the director's receipt
of this Order.
1The Amended R&R corrects a typographical error in the Non-Final
Report and Recommendation dated April 15, 2016 [Doc. 172].
Accordingly the April 15 R&R [Doc. 172] is DISMISSED AS MOOT.
--
SO ORDERED, this &/ day of June, 2016.
ORINDAD. EVANS
UNITED STATES DISTRICT JUDGE
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