Fahie v. Govt of the Virgin Islands
IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN JAMAL FAHIE, Petitioner, v. GOVERNMENT OF THE VIRGIN ISLANDS, et al., Respondents. ) ) ) ) Civil No. 3:21-cv-0035 ) ) ) ) ) ) ) ORDER BEFORE THE COURT is Jamal Fahie’s (“Fahie”) pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Fahie filed the instant petition alleging: (1) “newly discovered evidence”; (2) “the main witness changed her story in her initial statement to police”; (3) “aiding and abetting”; and (4) “Kamaal Francis witness.” (ECF No. 1.) On May 25, 2021, pursuant to Rule 4 of the Rules Governing § 2254 Proceedings, the Magistrate Judge issued a Report and Recommendation (ECF No.2) recommending that: 1. The Court stay the case pending the petitioner’s exhaustion of Grounds Two, Three, and Four; 2. The Court order the petitioner to act to exhaust his territorial court remedies within forty-five days after the entry of the stay; and 3. The Court order the petitioner to return to federal court within forty- five days after territorial court exhaustion. …
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IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN JAMAL FAHIE, Petitioner, v. GOVERNMENT OF THE VIRGIN ISLANDS, et al., Respondents. ) ) ) ) Civil No. 3:21-cv-0035 ) ) ) ) ) ) ) ORDER BEFORE THE COURT is Jamal Fahie’s (“Fahie”) pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Fahie filed the instant petition alleging: (1) “newly discovered evidence”; (2) “the main witness changed her story in her initial statement to police”; (3) “aiding and abetting”; and (4) “Kamaal Francis witness.” (ECF No. 1.) On May 25, 2021, pursuant to Rule 4 of the Rules Governing § 2254 Proceedings, the Magistrate Judge issued a Report and Recommendation (ECF No.2) recommending that: 1. The Court stay the case pending the petitioner’s exhaustion of Grounds Two, Three, and Four; 2. The Court order the petitioner to act to exhaust his territorial court remedies within forty-five days after the entry of the stay; and 3. The Court order the petitioner to return to federal court within forty- five days after territorial court exhaustion. Fahie did not file an objection. After conducting a de novo review of the record in this matter, it is hereby ORDERED that the Magistrate Judge’s Report and Recommendation, ECF No. 2, is APPROVED and ADOPTED as an Order of this Court; it is further ORDERED that the case is STAYED pending Fahie’s exhaustion of Grounds Two, Three, and Four; it is further Case: 3:21-cv-00035-RAM-RM Document #: 5 Filed: 10/24/23 Page 1 of 2 Fahie v. Gov’t of the Virgin Islands, et al. Case No. 3:21-cv-0035 Order ORDERED that, within 45 days from the date of this Order, Fahie SHALL initiate his territorial court remedies. No later than January 4, 2024, Plaintiff shall notify this Court of what action, if any, he took to initiate his territorial court remedies. It is further ORDERED that Fahie SHALL return to this court within 45 days after his territorial court exhaustion is complete; it is further ORDERED that failure to comply with this Order may lead to a dismissal of this case for failure to prosecute; it is finally ORDERED that the Clerk’s Office SHALL provide a copy of this Order to Jamal Fahie. Dated: October 24, 2023 /s/ _________ ROBERT A. MOLLOY Chief Judge Case: 3:21-cv-00035-RAM-RM Document #: 5 Filed: 10/24/23 Page 2 of 2