DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. CROIX 
 
ERNIE RITTER, 
 
 
 
 
) 
 
 
 
 
 
 
 
) 
Plaintiff, 
 
 
) 
 
 
 
 
) 
Civil Action No. 2016-0040  
 
 
 
v. 
 
 
 
 
)  
 
 
 
 
 
 
 
 
)  
 
UNITED STATES POSTAL SERVICE and 
) 
AMERICAN POSTAL WORKERS UNION, 
) 
 
 
 
 
 
 
 
) 
 
 
 
Defendants.  
 
) 
__________________________________________) 
 
Attorneys: 
Yohana M. Manning, Esq. 
St. Croix, U.S.V.I. 
 
For Plaintiff 
 
Angela Tyson-Floyd, Esq. 
St. Croix, U.S.V.I. 
 
For Defendant United States Postal Service  
 
ORDER 
THIS MATTER comes before the Court on the Report and Recommendation (“R&R”) 
submitted by Magistrate Judge Emile A. Henderson III. (Dkt. No. 71). For the reasons stated in 
the accompanying Memorandum Opinion, filed contemporaneously herewith, it is hereby 
ORDERED that Magistrate Judge Henderson’s Report and Recommendation (Dkt. No. 
71) is ADOPTED AS MODIFIED; and it is further 
ORDERED that Defendant United States Postal Service’s “Motion to Dismiss” (Dkt. No. 
41) is GRANTED; and it is further  
ORDERED that Count II of Plaintiff’s Amended Complaint is DISMISSED WITH 
PREJUDICE; and it is further  
ORDERED that Count I and Count III of Plaintiff’s Amended Complaint are 
Case: 1:16-cv-00040-WAL-EAH     Document #: 72     Filed: 09/30/23     Page 1 of 2
DISMISSED WITHOUT PREJUDICE; and it is further  
ORDERED that Plaintiff shall have up to and including October 30, 2023 within which to 
amend his Amended Complaint to address the deficiencies discussed in the accompanying 
Memorandum Opinion, filed contemporaneously herewith. 
SO ORDERED.  
 
Date: September 30, 2023  
 
 
 
_______/s/_______  
WILMA A. LEWIS  
District Judge 
 
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