The opinion of the court was delivered by: Hayes, Judge:
The matter before the Court is the "Motion for relief from order due to lack of bed space and request for continuance of status hearing" filed by the Plaintiff United States of America." (ECF No. 20).
On March 5, 2012, this Court found "by a preponderance of the evidence that Defendant is presently suffering from a mental disease or defect and is thereby rendered mentally incompetent to the extent that the Defendant is unable to understand the nature and consequences of these criminal proceedings or to assist properly in the defense of this case." (ECF No. 17 at 2). The ordered that "Defendant be committed to the custody of the Attorney General for a reasonable period of time, not to exceed four months." Id. The order provided as follows:
IT IS FURTHER ORDERED that:
1. the Defendant must be transferred to a suitable facility within ten (10) days of the date of this order;
2. the period of commitment will expire four months from the date of this order or July 5, 2012;
3. the defendant be transferred back to the Southern District of California by June 28, 2012, unless defendant is not found to be restorable to competence; and
4. In the event that defendant is not found to be restorable to competence at the end of the treatment period, it is ordered that
a. Defendant is to be kept at the treating facility for evaluation pursuant to 18 U.S.C. §4246;
b. a copy of the certification as to safety shall be provided to the Southern District of California, the district of arrest; and,
c. the Attorney General's Office shall proceed as appropriate in the district where the defendant is housed at that time in this case.
IT IS FURTHER ORDERED that the Attorney General shall provide a report on defendant's mental status no later than June 27, 2012 to the Court and Counsel to allow for a review of the defendant's mental status.
IT IS FURTHER ORDERED that all counsel shall appear for a hearing on June 28, 2012 at 9:30 a.m. in Courtroom 4 to determine whether the Defendant has attain the capacity to permit the trial to proceed, and whether an additional reasonable time period is necessary to allow defendant's mental condition to improve to the point the trial may proceed.
Pursuant to 18 U.S.C. § 3161(h)(4), the Court orders this period of time be deemed excludable under the provisions of Fed. R. Crim. P. 5 and the Speedy Trial Act, 18 U.S.C. § 3161 et. seq., and that the pending preliminary examination be deferred without prejudice ...