United States District Court, E.D. North Carolina, Western Division
TERRENCE W. BOYLE CHIEF UNITED STATES DISTRICT JUDGE.
cause comes before the Court on respondent's motion to
dismiss. Petitioner has responded, respondent has replied,
and a hearing on the matter was held before the undersigned
on October 23, 2019, at Raleigh, North Carolina. In this
posture, the motion is ripe for ruling and, for the reasons
that follow, the motion to dismiss is granted.
March 15, 2016, respondent, Wayda, was charged by way of
indictment in the United States District Court for the
District of Maryland with one count of production of child
pornography and one count of receipt of child pornography. 18
U.S.C. §§ 2551(a) & 2552(a)(2); United
States v. Wayda, No. l:16-CR-97-GLR-l (D. Md. Mar. 15,
2016). Wayda was arraigned in the District of
Maryland on April 8, 2016, where he entered pleas of not
guilty. On May 26, 2016, the United States moved to determine
Wayda's competence to stand trial pursuant to 18 U.S.C.
§ 4241, and an order granting such motion was entered
the same day. The District of Maryland court's order
committed Wayda to the custody of the Attorney General
pursuant to 18 U.S.C. § 4241(b) to determine whether
Wayda was incompetent to understand the nature and
consequences of the proceedings against him or assist
properly in his defense. No. 1:16-CR-97-GLR-1 (D. Md. May 25,
2016). On December 16, 2016, the District of Maryland court
conducted a competency hearing. The court found Wayda
incompetent to stand trial and ordered Wayda committed to the
custody of the Attorney General pursuant to 18 U.S.C. §
4241(d), for a period not to exceed four months, to determine
whether there was a substantial probability that in the
foreseeable future Wayda would be restored to competency.
Id. (D. Md. Dec. 16, 2016).
September 12, 2017, after having conducted a hearing, the
court again committed Wayda to the custody of the Attorney
General "pursuant to 18 U.S.C. § 4241 to undergo
continued hospitalization for a reasonable period of time,
not to exceed four months ... as is necessary to determine
whether there is a substantial probability that in the near
foreseeable future he will attain the capacity to permit the
trial to proceed." Id. (D. Md. Sept. 12, 2017).
Another competency hearing was conducted on July 9, 2018,
after which the District of Maryland, by order entered
December 13, 2018, found that Wayda's competence was
unable to be restored and that the court would conduct
further proceedings subject to the provisions of 18 U.S.C.
§§ 4246 and 4248. Id. (D. Md. Dec. 13,
certification of sexual dangerousness pursuant to 18 U.S.C.
§ 4248(a) was completed on June 6, 2019, and filed in
this district on June 11, 2019. [DE 1], Wayda asks this Court
to dismiss the certificate of sexual dangerousness and these
proceedings for lack of subject matter jurisdiction and for
failure to state a claim upon which relief can be granted.
Fed.R.Civ.P. 12(b)(1) and 12(b)(6).
Rule of Civil Procedure 12(b)(1) authorizes dismissal of a
claim for lack of subject matter jurisdiction. When subject
matter jurisdiction is challenged, the plaintiff or
petitioner has the burden of proving jurisdiction to survive
the motion. Evans v. B.F. Perkins Co., 166 F.3d 642,
647-50 (4th Cir. 1999). A Rule 12(b)(6) motion tests the
legal sufficiency of the complaint. Papasan v.
Allain, 478 U.S. 265, 283 (19S6). The Court assumes,
without deciding, that the term custody in this context is
"a mere element of a civil commitment claim[, ]"
and thus considers Wayda's motion under Rule 12(b)(6).
United States v. Welsh, 879 F.3d 530, 534 (4th Cir.
4248 is "unambiguous with respect to those eligible for
certification, and it identifies three categories of persons
who may be certified as sexually dangerous . . .."
United States v. Broncheau, 645 F.3d 676, 684 (4th
Cir. 2011). The first category consists of persons who are in
the custody of the Bureau of Prisons (BOP). The second
category consists of persons who have been committed to the
custody of the Attorney General pursuant to 18 U.S.C. §
4241(d). The third category consists of persons against whom
all criminal charges have been dismissed due to the mental
condition of the individual. The filing of a certification of
sexual dangerousness stays the release of the certified
individual pending completion of the § 4248 procedures.
18 U.S.C. § 4248(a).
he had been previously committed under § 4241(d), Wayda
was no longer in the Attorney General's custody pursuant
to § 4241(d) when he was certified as sexually dangerous
pursuant to § 4248. Section 4241(d) provides:
(d) Determination and disposition.-If, after
the hearing, the court finds by a preponderance of the
evidence that the defendant is presently suffering from a
mental disease or defect rendering 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, the court shall commit the defendant
to the custody of the Attorney General. The Attorney General
shall hospitalize the defendant for treatment in a suitable
(1) for such a reasonable period of time, not to exceed four
months, as is necessary to determine whether there is a
substantial probability that in the foreseeable future he
will attain the capacity to permit the proceedings to go
forward; and (2) for an additional reasonable period of time
(A) his mental condition is so improved that trial may
proceed, if the court finds that there is a substantial
probability that within such additional period of time he
will attain the capacity ...