IN THE DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. CROIX 
 
 
 
 
 
 
 
 
 
) 
ELISTON F. GEORGE, 
 
 
 
) 
 
 
 
 
 
 
 
) 
 
 
 
Plaintiff, 
 
 
) 
 
 
 
 
 
 
 
) 
 
 
 
v. 
 
 
 
) 
Civil Case No. 2013-0047 
 
 
 
 
 
 
 
) 
RICK MULLGRAV, Director of the Virgin 
) 
Islands Bureau of Corrections; and 
 
) 
SHELLY DEWESE,  
 
 
 
) 
 
 
 
 
 
 
 
) 
 
 
 
Defendants.  
 
) 
__________________________________________) 
 
Appearances: 
Eliston George 
Oakwood, VA 
 
Plaintiff Pro Se 
 
Erika Marie Scott, Esq. 
St. Croix, U.S.V.I. 
 
For Defendants 
 
ORDER 
 
 
UPON CONSIDERATION of Magistrate Judge George W. Cannon, Jr.’s Amended 
Report and Recommendation (“R&R”) (Dkt. No. 32), Plaintiff Eliston F. George’s (“Plaintiff”) 
Objection to the R&R (Dkt. No. 35), the Memorandum Opinion filed contemporaneously 
herewith, and the entire record, it is hereby 
 
ORDERED that the Magistrate Judge’s R&R (Dkt. No. 32) is adopted except for the 
recommendation to dismiss Plaintiff’s claim for punitive damages against Defendants Dewese and 
Mullgrav in their individual capacities; and it is further 
 
ORDERED that Plaintiff’s Motion for Summary Judgment (Dkt. No. 13) is DENIED and 
treated as a Response to Defendants’ Motion to Dismiss (Dkt. 25); and it is further 
Case: 1:13-cv-00047-RAM-EAH     Document #: 38     Filed: 04/09/21     Page 1 of 2
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ORDERED that Plaintiff’s Motion for a Preliminary Injunction (Dkt. No. 14) is DENIED; 
and it is further 
 
ORDERED that Plaintiff’s Motion for Default Judgment (Dkt. No. 24) is DENIED; and 
it is further  
 
ORDERED that Defendant Dewese’s Motion to Dismiss (Dkt. No. 9) is DENIED AS 
MOOT in light of the filing of Plaintiff’s “Supplemental Pleading” (Dkt. No. 15); and it is further 
 
ORDERED that Defendants’ “Motion to Dismiss for Failure to State a Claim” (Dkt. No. 
25) is GRANTED IN PART AND DENIED IN PART—dismissing all claims except the Access 
to Court Claims against Dewese in her individual capacity; the Compact Clause Claim against 
Mullgrav in his official and individual capacities; and the request for punitive damages against 
these Defendants in their individual capacities—as set out in the accompanying Memorandum 
Opinion; and it is further 
 
ORDERED that Plaintiff shall have up to and including 45 days from the date of his receipt 
of this Order in which to make service of his Complaint and Supplemental Pleading on the 
Governor of the Virgin Islands as required by Fed. R. Civ. P. 4(j)(2). 
 
SO ORDERED. 
Date: April 9, 2021      
 
 
 
________/s/_______ 
 
 
 
 
 
 
 
WILMA A. LEWIS 
 
 
 
 
 
 
 
Chief Judge 
 
 
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