DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. CROIX 
 
FRANKLIN XAVIER,  
 
 
 
) 
 
 
 
 
 
 
 
) 
 
 
 
Plaintiff, 
 
 
) 
 
 
v. 
 
 
 
 
)  
Civil Action No. 2023-0052 
 
 
 
 
 
 
 
) 
JOMO MEADE (JUDGE) and THE  
 
) 
TERRITORY OF THE VIRGIN ISLANDS, 
)  
 
 
 
 
 
 
 
 
) 
 
 
 
Defendant. 
 
 
) 
__________________________________________) 
 
Appearance: 
 
Franklin Xavier, pro se  
 
ORDER 
 
 
UPON CONSIDERATION of the Report and Recommendation (Dkt. No. 20) issued by 
Magistrate Judge Emile A. Henderson III recommending that Plaintiff Franklin Xavier’s 
(“Plaintiff”) Amended Complaint (Dkt. No. 10) be dismissed with prejudice; Plaintiff’s Motion 
for Summary Judgment (Dkt. No. 27); and Plaintiff’s Motion for Default Judgment (Dkt. No. 32); 
the entire record herein; and for the reasons stated in the Memorandum Opinion filed 
contemporaneously herewith, it is hereby 
 
ORDERED that Magistrate Judge Emile A. Henderson III’s Report and Recommendation 
(Dkt. No. 20) is ADOPTED; and it is further 
 
ORDERED that Plaintiff Franklin Xavier’s Amended Complaint (Dkt. No. 10) is 
DISMISSED WITH PREJUDICE; and it is further 
 
ORDERED that Plaintiff’s Motion for Summary Judgment (Dkt. No. 27) is DENIED AS 
MOOT; and it is further 
Case: 1:23-cv-00052-WAL-EAH     Document #: 33     Filed: 02/16/26     Page 1 of 2
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ORDERED that Plaintiff’s Motion for Default Judgment (Dkt. No. 32) is DENIED AS 
MOOT; and it is further 
 
ORDERED that the Clerk of Court is directed to mark this case CLOSED; and it is further 
 
ORDERED that the Clerk’s Office shall send a copy of the instant Order and 
accompanying Memorandum Opinion to Plaintiff Franklin Xavier via certified mail, return receipt. 
 
SO ORDERED. 
Date: February 16, 2026 
            
 
_______/s/_______ 
 
 
 
 
 
 
 
WILMA A. LEWIS 
 
 
 
 
 
 
 
Senior District Judge 
 
Case: 1:23-cv-00052-WAL-EAH     Document #: 33     Filed: 02/16/26     Page 2 of 2