United States of America v. Emerson
| United States of America |
| Sergio Emerson |
| 5:2023hc02193 |
| August 25, 2023 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Mandamus & Other |
| 18 U.S.C. ยง 4241 Motion to Determine Mental Competency/Other Dist. |
| None |
Docket Report
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This docket was last retrieved on September 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 10
ORDER granting #5 Motion to Stay. The government is DIRECTED to notify this court of respondent's competency determination within three (3) days of the issuance of that decision. Signed by Magistrate Judge Brian S. Meyers on 9/19/2023. (Powers, S.)
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| Filing 9 Notice of Respondent's Mental Health Examiner as to Jill Grant, Psy.D. (Attachments: #1 Dr. Grant's CV) (Craven, Joseph) |
| Filing 8 Notice of Appearance filed by Joseph H. Craven on behalf of Sergio Emerson. (Craven, Joseph) |
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Filing 7
ORDER - Respondent having demonstrated eligibility for appointment of counsel at government expense, the Federal Public Defender is DIRECTED to provide representation in this action. The court further ORDERS the appointment of an additional mental health examiner, pursuant to 18 U.S.C. 4247, to be selected by Respondent. Respondent is DIRECTED to file notice with the court of the name of the additional mental health examiner within five days of the filing of this order.The United States also seeks to stay this proceeding pending a finding from the United States District Court for the Eastern District of Wisconsin. [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 necessary reply thereto within 14 days of service of the response. Signed by Magistrate Judge Brian S. Meyers on 8/28/2023. (Lopez, R.)
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Filing 6
ORDER granting #4 Motion to Seal Document #3 PROPOSED SEALED Forensic Report. The Clerk of Court shall maintain under seal the document at Docket Entry 3 until further order of the court. Furthermore, the court ORDERS that the parties file any future forensic evaluations or other psychological or psychiatric documents in this case under seal without further order by the court. Signed by Magistrate Judge Brian S. Meyers on 8/28/2023. (Lopez, R.)
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| Filing 5 MOTION to Stay Pending Resolution of Respondent's Competency to Stand Trial by the Eastern District of Wisconsin 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 SEALED (Selected Participants Only)Forensic Report received as to Sergio Emerson (available to: Respondent Sergio Emerson, Petitioner United States of America). (Petre, Genna) Modified on 8/28/2023 - to remove the word, "proposed." (Lopez, R.). |
| 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 Sergio Emerson, 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 Referred to US Magistrate Judge Brian S. Meyers regarding #5 MOTION to Stay Pending Resolution of Respondent's Competency to Stand Trial by the Eastern District of Wisconsin, #4 MOTION to Seal Document #3 PROPOSED SEALED Forensic Report . (Lopez, R.) |
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| Petitioner: United States of America | |
| Represented By: | Genna D Petre |
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| Respondent: Sergio Emerson | |
| Represented By: | Joseph H. Craven |
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