DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN CHRIS CARTY, Petitioner, v. GILBERT DAVID, in his capacity as Prison Warden, Respondent. ) ) ) ) ) Civil No. 2015-61 ) ) ) ) ) ) APPEARANCES: Wilnick Dorval St. Thomas, U.S.V.I. Pro se petitioner, Claude E. Walker, AG Pamela R Tepper, AAG Su-Layne U. Walker, AAG V.I. Department of Justice St. Thomas, U.S.V.I. For the Gilbert David, ORDER GÓMEZ, J. Before the Court is the Report and Recommendation of the Magistrate Judge recommending that the Court deny Gilbert David’s motion to dismiss for lack of jurisdiction. Upon de novo review of the record, the Court agrees with the Magistrate’s Report and Recommendations. The premises considered, it is hereby ORDERED that the Report and Recommendation of the Case: 3:15-cv-00061-CVG-RM Document #: 46 Filed: 09/29/16 Page 1 of 2 Carty v. David Civ. No. 2015-61 Order Page 2 Magistrate Judge is ADOPTED; it is further ORDERED that Gilbert David’s motion to dismiss docketed at ECF Number 36 is DENIED; and it is further ORDERED that Gilbert David provide an appropriate response to Chris Carty’s petition no later than 3:00 P.M. on October 31, 2016. S\ CURTIS V. GÓMEZ District Judge Case: 3:15-cv-00061-CVG-RM Document #: 46 Filed: 09/29/16 Page 2 of 2