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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA, Case No. 09-20127

Plaintiff, Sean F. Cox

United States District Judge

vs.

Michael Hluchaniuk

ALEX DEWAYNE JOHNSON, United States Magistrate Judge 

Defendant.

 /

ORDER FOR PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION

TO DETERMINE DEFENDANT’S COMPETENCY TO STAND TRIAL

On March 18, 2009, defendant Alex Dewayne Johnson was indicted and

charged with possession of a firearm following a conviction for a felony offense. 

Defendant appeared in Court on April 17, 2009. 

During the hearing, it appeared that defendant was not aware of his

circumstances. Defendant’s counsel indicated that she had difficulty

communicating with the defendant, based on the defendant’s apparent inability to

understand what he was being told, and that defense counsel had concerns about

defendant’s competency to stand trial. Defendant did not, and apparently could

not, communicate with the Court or counsel. Based on the statement of defense

counsel and the Court’s own observation of defendant in the courtroom, the Court

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concludes that reasonable cause exists to believe that defendant may presently be

suffering from a mental disease or defect that has rendered him mentally

incompetent to the extent that he is unable to understand the nature and

consequences of the proceedings against him or to properly assist in his defense. 

Accordingly, the Court ORDERS, pursuant to 18 U.S.C. §§ 4241(b) and

4247(b) and (c), that:

(1) defendant be committed for examination for a reasonable time, not to

exceed 30 days, at a suitable facility that is located closest to the Court for the

Eastern District of Michigan; the United States Pretrial Services Office must make

arrangements for the examination to be conducted as soon as reasonably possible,

(2) the examination must include a psychiatric or a psychological

examination of defendant; 

(3) a report must be prepared and submitted to this Court, with copies

provided to counsel for defendant and the government, which will include:

a. defendant’s history and present symptoms, if any;

b. a description of the psychiatric, psychological or medical

tests that were employed and their results;

c. the name of the examiner and his/her findings as to

competency to proceed, as well as the examiner’s opinions as to

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diagnosis and prognosis; and 

d. a determination as to whether defendant presently suffers

from a mental disease or defect that renders him mentally incompetent

to the extent that he is unable to understand the nature and

consequences of the proceedings against him or to assist properly in

his defense.

(4) the report must be submitted to this Court so that a hearing may be

conducted pursuant to 18 U.S.C. § 4247(d) to determine defendant’s competency

to stand trial;

(5) the United States Marshal’s Service must take defendant into custody

pursuant to the terms of this Order and will promptly and expeditiously transfer

him to a suitable facility, to be determined by the Attorney General, and that the

United States Marshal’s Service must do this as quickly as reasonably possible so

as to minimize the period during which defendant must travel to, be confined in,

and be returned from the facility where such examination will be conducted; and

(6) the time period associated with this determination, from the filing date

of this Order through and including the date on which a final determination is made

regarding defendant’s competency to stand trial, is excluded under the Speedy

Trial Act pursuant to the terms of 18 U.S.C. § 3161(h)(1)(A). 

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IT IS SO ORDERED.

The parties to this action may object to and seek review of this Order, but are

required to file any objections within 10 days of service as provided for in 28

U.S.C. § 636(b)(1) and Local Rule 72.1(d)(2). A party may not assign as error any

defect in this Order to which timely objection was not made. Fed.R.Civ.P. 72(a). 

Any objections are required to specify the part of the Order to which the party

objects and state the basis of the objection. Pursuant to Local Rule 72.1(d)(2), any

objections must be served on this Magistrate Judge.

Date: April 17, 2009 s/Michael Hluchaniuk 

Michael Hluchaniuk

United States Magistrate Judge

CERTIFICATE OF SERVICE

I certify that, on April 17, 2009, I electronically filed the foregoing paper

with the Clerk of the Court using the ECF system, which will send electronic

notification to the following: Nancy A. Abraham, AUSA , and I certify that I have

mailed by United States Postal Service/hand-delivered the paper to the following

non-ECF participants: Joan E. Morgan, 2057 Orchard Lake Rd., Sylvan Lake, MI

48320, Pretrial Services Agency and the United States Marshal’s Service.

s/James P. Peltier 

Courtroom Deputy Clerk

U.S. District Court

600 Church Street

Flint, MI 48502

(810) 341-7850

pete_peltier@mied.uscourts.gov

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