United States of America v. Floyd
| United States of America |
| Austin Floyd |
| 5:2023hc02175 |
| August 8, 2023 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Mandamus & Other |
| 18 U.S.C. ยง 4241 Motion to Determine Mental Competency/Other Dist. |
| None |
Docket Report
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| Document Text |
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Filing 8
ORDER granting #5 Motion to Stay. All deadlines for evaluations and other case activities are held in abeyance pending resolution of the competency proceedings in the Eastern District of Michigan. Petitioner is DIRECTED to file notice regarding the competency determination within three days of the Eastern District of Michigan's decision. Signed by District Judge Louise Wood Flanagan on 9/19/2023. (Castania, M)
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| Motion Submitted to District Judge Louise Wood Flanagan regarding #5 MOTION to Stay Pending Resolution of Respondent's Competency to Stand Trial by the U.S. District Court for the Eastern District of Michigan. (Castania, M) |
| Filing 7 Notice of Appearance filed by Sonya M. Allen on behalf of Austin Floyd. (Allen, Sonya) |
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Filing 6
ORDER - Respondent having demonstrated eligibility for appointment of counsel at government expense, the Federal Public Defender is DIRECTED to provide representation in this action. Petitioner also moves to stay the instant 4246 proceedings pending resolution of respondent's competency proceedings in the United States District Court for the Eastern District of Michigan (DE 5). Counsel for respondent is DIRECTED to file any necessary response to the motion to stay within 21 days of this order. The government may file any reply thereto within 14 days of service of the response. The court will order evaluations pursuant to 18 U.S.C. 4246(b) and 4247(b), and allow respondent to select his own mental health examiner and file report, after resolving the motion to stay and, if applicable, upon dissolution of the stay.Finally, petitioner moves to file forensic reports under seal (DE 4). The motion is GRANTED for the reasons set forth therein. Furthermore, pursuant to Federal Rule of Civil Procedure 5.2(d), Local Civil Rule 79.2, and V.G of the court's CM/ECF Administrative Policy Manual, the court ORDERS that the parties file any future forensic evaluations or other psychological or psychiatric documents in this case under seal, whether such documents are produced by FMC Butner evaluators, independent examiners appointed by order of this court, or other mental health professionals. Signed by District Judge Louise Wood Flanagan on 8/11/2023. (Lopez, R.)
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| Filing 5 MOTION to Stay Pending Resolution of Respondent's Competency to Stand Trial by the U.S. District Court for the Eastern District of Michigan filed by United States of America. (Attachments: #1 Text of Proposed Order) (Petre, Genna) |
| Filing 4 MOTION to Seal Document #3 PROPOSED SEALED Forensic Report filed by United States of America. (Attachments: #1 Text of Proposed Order) (Petre, Genna) |
| Filing 3 PROPOSED SEALED (Selected Participants Only)Forensic Report received as to Austin Floyd (available to: Respondent Austin Floyd, Petitioner United States of America). (Petre, Genna) |
| Filing 2 Notice of Appearance filed by Genna D Petre on behalf of United States of America. (Petre, Genna) |
| Filing 1 Certificate of Mental Disease or Defect and Dangerousness Pursuant to 18 U.S.C. 4246(a) against Austin Floyd, filed by United States of America. (Attachments: #1 Exhibit 1 - Certificate of Mental Disease or Defect and Dangerousness, #2 Text of Proposed Order) (Petre, Genna) |
| Motions Submitted to District Judge Louise Wood Flanagan regarding #4 MOTION to Seal Document #3 PROPOSED SEALED Forensic Report , #5 MOTION to Stay Pending Resolution of Respondent's Competency to Stand Trial by the U.S. District Court for the Eastern District of Michigan. (Lopez, R.) |
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| Petitioner: United States of America | |
| Represented By: | Genna D Petre |
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| Respondent: Austin Floyd | |
| Represented By: | Sonya M. Allen |
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