Martinez v. FRANCOIS et al
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX __________________________________________ ) JOHNNY MARTINEZ, ) ) Petitioner, ) ) v. ) Civil Action No. 2013-00102 ) KEITH FRANCOIS, Warden of the Golden ) Grove Correctional Facility; JULIUS WILSON, ) Director of the Virgin Islands Bureau of ) Corrections; TERRITORY OF THE VIRGIN ) ISLANDS; and RANDALL MATHENA, ) Warden of the Red Onion State Prison, ) ) Respondents. ) __________________________________________) Attorneys: Joseph A. DiRuzzo, III, Esq., Miami, FL For the Petitioner Tiffany V. Monrose, Esq., Kimberly L. Salisbury, Esq., St. Thomas, U.S.V.I. For the Respondents ORDER UPON CONSIDERATION of the pending pleadings and motions in this matter, and for the reasons set forth in the accompanying Memorandum Opinion filed contemporaneously herewith, it is hereby ORDERED that the “Report and Recommendation” of Magistrate Judge Ruth Miller (Dkt. No. 28) is ADOPTED IN PART; and it is further ORDERED that Petitioner’s “First Amended Petition & Complaint” (Dkt. No. …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX __________________________________________ ) JOHNNY MARTINEZ, ) ) Petitioner, ) ) v. ) Civil Action No. 2013-00102 ) KEITH FRANCOIS, Warden of the Golden ) Grove Correctional Facility; JULIUS WILSON, ) Director of the Virgin Islands Bureau of ) Corrections; TERRITORY OF THE VIRGIN ) ISLANDS; and RANDALL MATHENA, ) Warden of the Red Onion State Prison, ) ) Respondents. ) __________________________________________) Attorneys: Joseph A. DiRuzzo, III, Esq., Miami, FL For the Petitioner Tiffany V. Monrose, Esq., Kimberly L. Salisbury, Esq., St. Thomas, U.S.V.I. For the Respondents ORDER UPON CONSIDERATION of the pending pleadings and motions in this matter, and for the reasons set forth in the accompanying Memorandum Opinion filed contemporaneously herewith, it is hereby ORDERED that the “Report and Recommendation” of Magistrate Judge Ruth Miller (Dkt. No. 28) is ADOPTED IN PART; and it is further ORDERED that Petitioner’s “First Amended Petition & Complaint” (Dkt. No. 25) is DISMISSED; and it is further Case: 1:13-cv-00102-WAL-RM Document #: 45 Filed: 03/17/15 Page 1 of 2 ORDERED that Petitioner’s “Motion for Leave to Proceed in Forma Pauperis” (Dkt. No. 2) is DENIED AS MOOT; and it is further ORDERED that Petitioner’s “Motion to Appoint Pursuant to the Criminal Justice Act” (Dkt. No. 3) is DENIED AS MOOT; and it is further ORDERED that Petitioner’s “Motion for an Entry of Default Judgment or in the Alternative Motion to Compel the Filing of a Responsive Pleading” (Dkt. No. 12) is DENIED AS MOOT; and it is further ORDERED that Petitioner’s “Motion to Expedite Preliminary Review” (Dkt. No. 19) is DENIED AS MOOT; and it is further ORDERED that Petitioner’s “Motion for Preliminary Injunction” (Dkt. No. 26) is DENIED AS MOOT; and it is further ORDERED that the Government of the Virgin Islands’ Motion to Dismiss (Dkt. No. 27) is DENIED AS MOOT; and it is further ORDERED that Petitioner’s “Motion for Leave to Amend” (Dkt. No. 35) is DENIED; and it is further ORDERED that Petitioner’s “Motion for Leave to Conduct Jurisdictional Discovery” (Dkt. No. 36) is DENIED AS MOOT; and it is further ORDERED that Petitioner’s “Motion to Expedite Discovery” (Dkt. No. 38) is DENIED AS MOOT; and it is further ORDERED that the Clerk of Court is directed to mark this case CLOSED. SO ORDERED. Date: March 17, 2015 _______/s/________ WILMA A. LEWIS Chief Judge Case: 1:13-cv-00102-WAL-RM Document #: 45 Filed: 03/17/15 Page 2 of 2