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Calvin Gumbs, II v. Kelly Harrigan, et al.

IFP petition · Supreme Court of the Virgin Islands, No. 2020-0041 · judgment March 5, 2021


Certiorari denied · October 4, 2021

Question presented

I. Did the Supreme Court of the Virgin Islands err in dismissing the Petitioner’s appeal, being dismissed for lack of jurisdiction, considering that, pursuant to title 4, section 32(a) of the Virgin Islands Code, the Supreme Court of the Vir­ gin Islands has jurisdiction over all appeals arising from final judgments, final decrees or final orders of the Superior Court, or as otherwise provided by law? II. Based on the penultimate order given by the Supreme Court of the Virgin Islands, ordered, attested, and placed on record on July 31, 2020, did the Supreme Court of the Virgin Islands err in granting Respondent’s motion to dismiss after ordering the parties shall file briefs (or letter) that shall only address whether [the Supreme] Court [of the Virgin Islands (VI)] has appellate jurisdiction over the order appealed by the Petitioner? III. In dismissing Petitioner’s appeal, did both the VI Supreme Court and the Superior Court deny the Petitioner his due process rights, as provided in the First, Fifth, and Fourteenth Amendments to the United States Constitution? IV. As evinced in the submission of its final ruling, did the VI Supreme Court deny the Petitioner the timely filing of this Petition due to the fact that there is a twomonth (59-day) period between the time of the order (January 5th, 2021) and the time of the attestation and recording (March 5th, 2021), i.e., did the Supreme Court of the Virgin Islands err in its untimely filing, in the interests of justice?

Counsel of record

For petitioner
Calvin Gumbs II

For respondent
Paul Lorenzo Gimenez
Judicial Branch of the Virgin Islands

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 08 2021
    Waiver of right of respondents The Honorable Henry V. Carr, III, Magistrate Judge, Superior Court of the Virgin Islands, Small Claims Division to respond filed.
  3. Jul 01 2021
    DISTRIBUTED for Conference of 9/27/2021.
  4. Jun 29 2021
    Waiver of right of respondents Kelly Harrigan, et al. to respond filed.
  5. Jun 04 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 14, 2021)