UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

Case Number 14-20542

v. Honorable David M. Lawson

CYNTHIA CLAYTON-LONDON,

Defendant.

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ORDER DIRECTING COMPETENCY EXAMINATION, ADJOURNING TRIAL, AND

DETERMINING EXCLUDABLE DELAY

On October 2, 2014, the defendant filed a motion for a competency hearing. The Court

reviewed the defendant’s motion and heard oral argument in open court on October 9, 2014. The

Court determined that there is reasonable cause to believe that the defendant may be suffering from

a mental disease or defect that may render her incompetent to stand trial within the meaning of 18

U.S.C. § 4241(a) & (d). As a result, the Court directed that a competency examination take place,

adjourned trial, and held that the delay would be excluded under the Speedy Trial Act.

Accordingly, it is ORDERED that the defendant’s motion for competency evaluation [dkt.

#14] is GRANTED.

It is further ORDERED that Jack P. Haynes, Ph.D, a psychologist, be and is appointed,

authorized, and directed to examine the mental condition of defendant Cynthia Clayton-London in

accordance with 18 U.S.C. §§ 4241(a),(b), 4247(b), at the expense of the government.

It is further ORDERED that the defendant be committed to the custody of the Attorney

General for such psychiatric or psychological examination for a period not to exceed 30 days. See

18 U.S.C. § 4247(b). However, the 30 day period shall not commence until November 10, 2014 to

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permit defense counsel to gather records of prior mental health treatment and furnish them to Dr.

Haynes.

It is further ORDERED that the examination shall take place at the facility designated by

the United States Marshal that has custody of the defendant, who is presently detained without bond.

It is further ORDERED that the United States Marshal shall inform the Court, the

defendant’s attorney, Nancy L. McGunn, and the attorney for the government immediately upon

designation of a facility for the examination, at which time the Court will enter a separate order for

transportation of the defendant to that facility.

It is further ORDERED that the examining psychologist prepare, as soon as practical, a

written report that includes (1) the defendant’s history and present symptoms; (2) a description of

the psychiatric, psychological, and medical tests that were employed and their results; (3) the

examiner’s findings; and (4) the examiner’s opinions as to diagnosis, prognosis, and whether the

defendant is suffering from a mental disease or defect rendering her mentally incompetent to the

extent that she is unable to understand the nature and consequences of the proceedings against her

or to assist properly in her defense as required by 18 U.S.C. §§ 4241(b), 4247(c).

It is further ORDERED that the examiner promptly file the written report with this Court

and provide copies of the report to the defendant’s attorney, Nancy L. McGunn, and the attorney for

the government in accordance with 18 U.S.C. § 4247(c).

It is further ORDERED that trial is ADJOURNED pending the outcome of the competency

examination. The Court will issue a new trial date once it has reviewed the report.

It is further ORDERED that the period beginning October 2, 2014 and ending with the

conclusion of the competency hearing held under 18 U.S.C. §§ 4241 and 4247, which will take place

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after the Court and parties receive the examiner’s written report, be deemed excludable delay under

the Speedy Trial Act pursuant to 18 U.S.C. §§ 3161(h)(1)(F) and (h)(1)(A), and the period beginning

the day after the conclusion of the competency hearing and ending with the Court’s ruling on the

defendant’s mental competency or with the lapse of 30 days, whichever occurs first, be deemed

excludable delay pursuant to 18 U.S.C. § 3161(h)(1)(J).

s/David M. Lawson 

DAVID M. LAWSON

United States District Judge

Dated: October 15, 2014

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on October 15, 2014.

s/Marilyn Orem 

MARILYN OREM

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