IN THE DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
JAMAL MORTON, 
Petitioner, 
v. 
WYNNIE TESTAMARK, 
Respondent. 
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Case No. 3:20-cv-0031 
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APPEARANCES: 
Joseph A Diruzzo, Esq. 
DiRuzzo & Company 
Ft. Lauderdale, FL 
 
For Petitioner Jamal Morton. 
 
ORDER 
BEFORE THE COURT is Petitioner Jamal Morton’s (“Morton”) Petition for a Writ of 
Habeas Corpus. (ECF No. 1.) Also before the Court is Petitioner’s Motion to Appoint Counsel, 
ECF No. 3, Petitioner’s “Motion for Service Upon the United States Virgin Islands Attorney 
General,” ECF No. 7, and Petitioner’s two motions to proceed in forma pauperis. (ECF Nos. 2 
& 6.) The Magistrate Judge issued a Report and Recommendation recommending that the 
Court deny Morton’s habeas petition for failure to exhaust his state court remedies. (ECF No. 
9.) Accordingly, the Report and Recommendation also recommended the Court deny the 
motion to appoint counsel and the motion for service upon the Virgin Islands Attorney 
General. See id. Lastly, the Magistrate Judge recommended that the Court deny the first 
motion to proceed in forma pauperis, ECF No. 2, but grant the second one. (ECF No. 6.) After 
careful review and consideration, the Court adopts the Report and Recommendation. 
Accordingly, for the reasons stated in the accompanying Memorandum Opinion of even date, 
it is hereby 
ORDERED that the January 11, 2021 Report and Recommendation, ECF No. 9, 
is ADOPTED; it is further 
Case: 3:20-cv-00031-RAM-RM   Document #: 16   Filed: 12/14/22   Page 1 of 2
ORDERED that Petitioner’s Petition for Writ of Habeas Corpus, ECF No. 1, is 
DISMISSED without prejudice for failure to fully exhaust territorial court remedies; it is 
further 
ORDERED that Petitioner’s motion for the appointment of counsel, ECF No. 3, is 
DENIED; it is further 
ORDERED that Petitioner’s Motion for Service Upon the U.S. Virgin Islands Attorney 
General, ECF No. 7, is DENIED; it is further 
ORDERED that Petitioner’s motion to proceed in forma pauperis, ECF No. 2, is 
DENIED; and Petitioner’s motion to proceed in forma pauperis, ECF No. 6, is GRANTED; it is 
further 
ORDERED that a certificate of appealability is DENIED; it is further 
ORDERED that all pending motions in this matter are MOOT; and it is further 
ORDERED that the Clerk of Court shall CLOSE this case. 
 
Dated: December 14, 2022  
/s/ _Robert A. Molloy____ 
 
 
 
 
  
 
 
 
 
ROBERT A. MOLLOY 
 
 
 
 
 
 
Chief Judge 
Case: 3:20-cv-00031-RAM-RM   Document #: 16   Filed: 12/14/22   Page 2 of 2