DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. CROIX 
 
 
 
 
 
 
 
 
) 
CARL SIMON, 
 
 
 
 
) 
 
 
 
 
) 
Plaintiff, 
 
 
) 
 
 
v. 
 
 
 
 
) 
 
 
 
 
 
 
 
)  
Civil Action No. 2017-0007 
RICK MULLGRAV, DWAYNE BENJAMIN, 
) 
LINDA CALLWOOD, RUSSEL WASHBURN, ) 
JULIUS WILSON, DONALD REDWOOD,  
) 
JOHN P. DEJONGH, JR., KENNETH E.  
) 
MAPP, VINCENT FRAZER, CORRECTIONS ) 
CORPORATION OF AMERICA,   
 
) 
GOVERNMENT OF THE VIRGIN ISLANDS, ) 
NATASHA METCALF, DENNIS HOWARD,  
) 
and OTHERS UNKNOWN, 
 
 
) 
 
 
 
 
 
 
 
 
 
 
 
 
) 
 
 
 
Defendants.  
 
) 
__________________________________________) 
 
Appearances: 
Carl Simon, Pro Se  
 
Kevin A. Rames, Esq., 
St. Croix, U.S.V.I. 
For Defendants Russell Washburn, Natasha Metcalf, 
Dennis Howard, and Corrections Corporation of America  
 
ORDER 
 
UPON CONSIDERATION of the Report and Recommendation (“R&R”) issued by 
Magistrate Judge George W. Cannon, Jr., pursuant to 28 U.S.C. § 1915(e)(2) and 28 U.S.C. § 
1915A (Dkt. No. 45); Carl Simon’s (“Plaintiff”) Objections thereto (Dkt. No. 56); Plaintiff’s 
“Motion for Hearing” (Dkt. No. 57); and for the reasons set forth in the accompanying 
Memorandum Opinion filed contemporaneously herewith; it is hereby 
Case: 1:17-cv-00007-WAL-GWC   Document #: 66   Filed: 04/16/21   Page 1 of 3
2 
 
 
ORDERED that Magistrate Judge Cannon’s R&R is REJECTED IN PART AND 
ADOPTED IN PART as modified in the accompanying Memorandum Opinion filed 
contemporaneously herewith; and it is further  
 
ORDERED that the breach of contract claims set forth in Counts 5 and 9 of Plaintiff’s 
Complaint—and any other intended breach of contract claim—are DISMISSED for lack of 
standing; and it is further 
 
ORDERD that the R&R is ADOPTED to the extent that Counts 1, 3 (in part), 5, 6 (in 
part), 7 (in part), and 8 of Plaintiff’s Complaint are DISMISSED for failure to state a claim; and 
it is further 
 
ORDERED that the R&R is ADOPTED to the extent that Count 2 of Plaintiff’s Complaint 
is DISMISSED as frivolous; and it is further  
 
ORDERED that the R&R is ADOPTED to the extent that Count 10 of Plaintiff’s 
Complaint is DISMISSED as time-barred; and it is further 
 
ORDERED that the R&R is REJECTED to the extent that Count 9 of Plaintiff’s 
Complaint is DISMISSED for failure to state a claim; and it is further 
 
ORDERED that the R&R is REJECTED to the extent that the Court will not dismiss 
Counts 3 (in part), 4, 6 (in part), and 7 (in part) of Plaintiff’s Complaint; and it is further 
 
ORDERED that Plaintiff shall have up to and including May 28, 2021 within which to file 
an Amended Complaint that addresses the deficiencies that the Court has found in Counts 1, 3 (in 
part), 5 (in part), 6, 7, 8, 9 (in part), and 10; and it is further 
ORDERED that Plaintiff’s “Motion for Hearing” (Dkt. No. 57) is DENIED as 
unnecessary; and it is further 
Case: 1:17-cv-00007-WAL-GWC   Document #: 66   Filed: 04/16/21   Page 2 of 3
3 
 
 
ORDERED that the Clerk of Court shall provide a copy of this Order and its 
accompanying Memorandum Opinion to Petitioner by certified mail, return receipt requested. 
 
SO ORDERED. 
Date: April 16, 2021  
 
 
 
 
_______/s/_______ 
 
 
 
 
 
 
 
 
WILMA A. LEWIS 
 
 
 
 
 
 
 
 
Chief Judge 
 
Case: 1:17-cv-00007-WAL-GWC   Document #: 66   Filed: 04/16/21   Page 3 of 3