No. 20-8302

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

Lower Court: Virgin Islands
Docketed: 2021-06-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals appellate-jurisdiction civil-procedure constitutional-rights court-procedure due-process fifth-amendment first-amendment judicial-review legal-standing virgin-islands
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Jurisdiction-over-appeals

Question Presented (OCR Extract)

QUESTION(S) 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 Virgin 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? Ill. 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?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-08
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.
2021-07-01
DISTRIBUTED for Conference of 9/27/2021.
2021-06-29
Waiver of right of respondents Kelly Harrigan, et al. to respond filed.
2021-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 14, 2021)

Attorneys

Calvin Gumbs, II
Calvin Gumbs II — Petitioner
Calvin Gumbs II — Petitioner
Kelly Harrigan, et al., et al.
Samuel H. Hall Jr.Hall & Griffith, PC, Respondent
Samuel H. Hall Jr.Hall & Griffith, PC, Respondent
Superior Court of the Virgin Islands, Small Claims Division
Paul Lorenzo GimenezJudicial Branch of the Virgin Islands, Respondent
The Honorable Henry V. Carr, III, Magistrate Judge, Superior Court of the Virgin Islands, Small Claims Division
Paul Lorenzo GimenezJudicial Branch of the Virgin Islands, Respondent
Paul Lorenzo GimenezJudicial Branch of the Virgin Islands, Respondent