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: Chris Carty Pound, VA 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, AMENDED ORDER1 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 1 The order entered on September 29, 2016, inadvertently omitted the pro se appearance of Chris Carty in the “Appearances” section of the order. That oversight is addressed in this amended order. Case: 3:15-cv-00061-CVG-RM Document #: 47 Filed: 10/19/16 Page 1 of 2 Carty v. David Civ. No. 2015-61 Order Page 2 the Magistrate’s Report and Recommendations. The premises considered, it is hereby ORDERED that the Report and Recommendation of the 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 #: 47 Filed: 10/19/16 Page 2 of 2