United States of America v. Wedington
Filing
33
ORDER ADOPTING REPORT AND RECOMMENDATIONS. Adopting 29 Report and Recommendation. (Written Opinion). Signed by Senior Judge David S. Doty on 5/12/2010. (PJM)
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 05-767(DSD/SRN) United States of America, Petitioner, v. Calvin Wedington, Respondent. ORDER
This
matter
is
before to
the the
court April
upon 9,
respondent 2010, R.
Calvin and The
Wedington's
objections of
report
recommendation
Magistrate
Judge
Susan.
Nelson.
magistrate judge recommends that the court deny Wedington's 18 U.S.C. § 4247(h) motion for release from treatment. Wedington
accepts the factual statements and legal standard in the report and recommendation, but objects to the conclusion that his continuing commitment is proper. (See Resp't's Objections 12.) The court
reviews the report and recommendation of the magistrate judge de novo. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(3); D. Minn. LR 72.2(b). Wedington is a federal prisoner who was sentenced to life imprisonment for second-degree murder in 1982. On June 2, 2005,
this court committed Wedington to FMC-Rochester for treatment pursuant to 18 U.S.C. § 4245. On December 9, 2009, through court-
appointed counsel, Wedington filed the instant motion seeking a hearing to determine whether he "is suffering from a mental disease
or defect as a result of which he is in need of custody for care or treatment in a suitable facility" and whether he may be discharged. See 18 U.S.C. § 4247(c)(4)(E) and (h). On March 19, 2010, the
magistrate judge conducted a hearing at which Wedington and the Chief of Psychology at FMC-Rochester testified. The court has carefully reviewed the report and recommendation de novo. Based on the evidence received at the hearing, including
Wedington's ongoing delusions that he is a medical doctor, his lack of awareness of his mental illness and his history of deteriorating health upon ceasing treatment, the court finds by a preponderance of the evidence that Wedington suffers from a mental disease and remains in need of treatment in a suitable facility. Furthermore,
the court finds that Wedington's progress at FMC-Rochester shows that it is an appropriate facility for him. Therefore, the court
adopts in full the magistrate judge's very thorough and wellreasoned report and recommendation. Accordingly, IT IS HEREBY ORDERED that: 1. Wedington's objections to the magistrate judge's report
and recommendation [Doc. No. 32] are overruled; and 2. The magistrate judge's report and recommendation [Doc.
No. 29] is adopted in full. Dated: May 12, 2010 s/David S. Doty David S. Doty, Judge United States District Court 2
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