United States District Court, D. Minnesota
PAUL A. MAGNUSON, District Judge.
This matter is before the Court on the Report and Recommendation ("R&R") of Magistrate Judge Franklin L. Noel dated February 28, 2014. The R&R, which followed a hearing to determine Respondent's mental heath, recommends that the Court grant the Government's Petition for an Order under 18 U.S.C. § 4245 because (1) Respondent is suffering from a mental disease or defect; (2) he is in need of hospitalization in a suitable psychiatric facility; and (3) FMC-Rochester is a suitable psychiatric facility. Respondent refused to attend the hearing against the advice of counsel. Respondent filed a brief objection to the R&R claiming that he is not suffering from any mental illness and is not in need of psychiatric care.
According to statute, the Court must conduct a de novo review of any portion of the Magistrate Judge's opinion to which specific objections are made. 28 U.S.C. § 636(b)(1)(C); Fed.R.Civ.P. 72(b); D. Minn. L.R. 72.2(b). Based on that de novo review, the Court adopts the R&R.
The record establishes beyond dispute that Respondent suffers from schizoaffective disorder, bipolar type, that he is unable to function in the general prison population, that he is a danger to himself because he refuses to take needed hypertension medication, and that FMC-Rochester has the staff and facilities required to care for him. Respondent's objection therefore is overruled.
Accordingly, IT IS HEREBY ORDERED that:
1. The R&R (Docket No. 11) is ADOPTED;
2. The Petition under 18 U.S.C. § 4245 (Docket No. 1) is GRANTED;
3. Respondent is committed to the custody of the Attorney General of the United States pursuant to 18 U.S.C. § 4245 for hospitalization and treatment until Respondent is no longer in need of such custody for care and treatment, or until the ...