Ellenburg v. PEOPLE OF THE VIRGIN ISLANDS
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX MICHAEL ELLENBURG, ) ) Plaintiff, ) v. ) Civil Action No. 23-0035 ) PEOPLE OF THE VIRGIN ISLANDS, ) RESPONSIBLE GOVERNMENT AGENTS ) OR AGENCIES ON EXTRACTION, ) JOHN DOE, MARY DOE, ) ) Defendants. ) __________________________________________) Appearances: Michael Ellenburg Pro Se ORDER THIS MATTER comes before the Court on Magistrate Judge Emile A. Henderson III’s Report and Recommendation (“R&R”) (Dkt. No. 21), in which he recommends the dismissal of Plaintiff Michael Ellenburg’s (“Plaintiff”) “Amended Complaint for Violation of Civil Rights” (“Complaint”). UPON CONSIDERATION of Magistrate Judge Henderson’s R&R, and for the reasons stated in the accompanying Memorandum Opinion filed contemporaneously herewith, it is hereby ORDERED that Magistrate Judge Henderson’s R&R is ADOPTED IN PART AND REJECTED IN PART; and it is further ORDERED that Magistrate Judge Henderson’s R&R (Dkt. No. …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX MICHAEL ELLENBURG, ) ) Plaintiff, ) v. ) Civil Action No. 23-0035 ) PEOPLE OF THE VIRGIN ISLANDS, ) RESPONSIBLE GOVERNMENT AGENTS ) OR AGENCIES ON EXTRACTION, ) JOHN DOE, MARY DOE, ) ) Defendants. ) __________________________________________) Appearances: Michael Ellenburg Pro Se ORDER THIS MATTER comes before the Court on Magistrate Judge Emile A. Henderson III’s Report and Recommendation (“R&R”) (Dkt. No. 21), in which he recommends the dismissal of Plaintiff Michael Ellenburg’s (“Plaintiff”) “Amended Complaint for Violation of Civil Rights” (“Complaint”). UPON CONSIDERATION of Magistrate Judge Henderson’s R&R, and for the reasons stated in the accompanying Memorandum Opinion filed contemporaneously herewith, it is hereby ORDERED that Magistrate Judge Henderson’s R&R is ADOPTED IN PART AND REJECTED IN PART; and it is further ORDERED that Magistrate Judge Henderson’s R&R (Dkt. No. 21) is ADOPTED to the extent that it recommends dismissal of Plaintiff’s Complaint with prejudice; and it is further ORDERED that Magistrate Judge Henderson’s R&R (Dkt. No. 21) is REJECTED to the extent that it recommends dismissal of Plaintiff’s Complaint without prejudice; and it is further Case: 1:23-cv-00035-WAL-EAH Document #: 24 Filed: 09/30/24 Page 1 of 2 2 ORDERED that Plaintiff’s Complaint (Dkt. No. 1) is DISMISSED WITH PREJUDICE; and it is further ORDERED that Plaintiff’s Motion to Dismiss the Indictment1 (Dkt. No. 9) is DENIED AS MOOT; and it is further ORDERED that Plaintiff’s Motion to Transfer (Dkt. No. 14) is DENIED AS MOOT; and it is further ORDERED that the Clerk of Court is directed to mark this case CLOSED. Date: September 30, 2024 _______/s/_______ WILMA A. LEWIS District Judge 1 In this Motion Ellenburg seeks dismissal of an indictment, and it is labeled on the Court’s docket as a “Motion to Dismiss the [I]ndictment.” However, an Information was filed against Plaintiff in the Superior Court for the Virgin Islands, not an Indictment. Case: 1:23-cv-00035-WAL-EAH Document #: 24 Filed: 09/30/24 Page 2 of 2