Thomas v. Government of the Virgin Islands
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX ) EZRA THOMAS, ) ) Petitioner, ) v. ) ) Civil Action No. 2016-00018 GOVERNMENT OF THE ) VIRGIN ISLANDS,1 ) ) Respondent. ) __________________________________________) Appearances: Ezra Thomas, Pro Se ORDER UPON CONSIDERATION of Petitioner Ezra Thomas’s “Petition” (Dkt. No. 1); Magistrate Judge George W. Cannon Jr.’s Report and Recommendation (“R&R”) (Dkt. No. 12); and for the reasons set forth in the accompanying Memorandum Opinion filed contemporaneously herewith; it is hereby ORDERED that Magistrate Judge Cannon’s R&R (Dkt. No. 12) is ACCEPTED AS MODIFIED in the Memorandum Opinion; and it is further ORDERED that Ezra Thomas’s “Petition” (Dkt. No. 1) is DISMISSED WITH PREJUDICE; and it is further ORDERED that the Court DECLINES to issue a Certificate of Appealability for failure to satisfy the legal standard set forth in 28 U.S.C. § 2253(c)(2); and it is further 1 In the caption of his handwritten “Complaint,” Petitioner labeled himself as the defendant and the “Government of the Virgin Islands” as the plaintiff. …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX ) EZRA THOMAS, ) ) Petitioner, ) v. ) ) Civil Action No. 2016-00018 GOVERNMENT OF THE ) VIRGIN ISLANDS,1 ) ) Respondent. ) __________________________________________) Appearances: Ezra Thomas, Pro Se ORDER UPON CONSIDERATION of Petitioner Ezra Thomas’s “Petition” (Dkt. No. 1); Magistrate Judge George W. Cannon Jr.’s Report and Recommendation (“R&R”) (Dkt. No. 12); and for the reasons set forth in the accompanying Memorandum Opinion filed contemporaneously herewith; it is hereby ORDERED that Magistrate Judge Cannon’s R&R (Dkt. No. 12) is ACCEPTED AS MODIFIED in the Memorandum Opinion; and it is further ORDERED that Ezra Thomas’s “Petition” (Dkt. No. 1) is DISMISSED WITH PREJUDICE; and it is further ORDERED that the Court DECLINES to issue a Certificate of Appealability for failure to satisfy the legal standard set forth in 28 U.S.C. § 2253(c)(2); and it is further 1 In the caption of his handwritten “Complaint,” Petitioner labeled himself as the defendant and the “Government of the Virgin Islands” as the plaintiff. Given that Petitioner, who is proceeding pro se, likely made this mistake without understanding his error, the Court has reversed the labels. Case: 1:16-cv-00018-WAL-GWC Document #: 19 Filed: 08/28/20 Page 1 of 2 ORDERED that the Clerk of Court shall provide a copy of this Order and its accompanying Memorandum Opinion to Ezra Thomas by certified mail, return receipt requested; and it is further ORDERED that the Clerk of Court is directed to mark the case CLOSED. SO ORDERED. Date: August 28, 2020 _______/s/________ WILMA A. LEWIS Chief Judge Case: 1:16-cv-00018-WAL-GWC Document #: 19 Filed: 08/28/20 Page 2 of 2