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