Corpus: 543,223 opinions · 3,177 judges · newest 2026-06-23 · expanding Coverage ↗
Opinion

govinfo:USCOURTS-gand-1_10-cr-00160-4

U.S. District Court for the Northern District of Georgia · 2016-06-10

· GavelSight synced 2026-09-06 03:14:59

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 
-2-

Passage view · GavelSight