United States District Court, Western District of Missouri, Southwestern Division
ORDER AFFIRMING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
GREG KAYS, CHIEF JUDGE UNITED STATES DISTRICT COURT
On December 11, 2014, United States Magistrate Judge David P. Rush ordered Defendant to undergo an examination pursuant to 18 U.S.C. §§ 4241 and 4242 for a judicial determination of Defendant’s mental competency (Doc. 20). Defendant was examined by David M. Szyhowski, Psy.D., who prepared a report (Doc. 21) opining that Defendant is competent to stand trial.
Judge Rush held a competency hearing on March 16, 2015 during which he took judicial notice of Dr. Szyhowski’s report. No party objected or submitted additional evidence. Pursuant to this Court’s prior order (Doc. 14), Judge Rush issued a report recommending that Defendant be declared competent to stand trial (Doc. 27). No party filed objections.
The Court has independently reviewed the record and finds Judge Rush’s report and recommendation is neither clearly erroneous nor contrary to law. Accordingly, it is ORDERED that the Report and Recommendation of Judge Rush (Doc. 27) is approved, adopted, and incorporated herein. The Court holds that Defendant is competent to understand the nature and ...