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DAWSEY v. GOVERNMENT OF VIRGIN ISLANDS

D. Ct. Civ. No. 129-95.

903 F.Supp. 878 (1995)

Kim D. DAWSEY, Petitioner, v. GOVERNMENT OF the VIRGIN ISLANDS, Respondent, Honorable Territorial Court Judge Brenda J. Hollar, Nominal Respondent.

District Court, Virgin Islands, Appellate Division, St. Thomas and St. John.

Decided: November 13, 1995.

Attorney(s) appearing for the Case

Charles Herndon, St. Thomas, VI, for Petitioner.

Richard Davis, Assistant Attorney General, for Respondent.

Leon Kendall, General Counsel, Territorial Court, for Nominal Respondent.

Before: THOMAS K. MOORE, Chief Judge, District Court of the Virgin Islands; RAYMOND L. FINCH, District Court Judge for the District of the Virgin Islands; and ALPHONSO G. ANDREWS, Territorial Court Judge, Division of St. Croix, Sitting by Designation.

MEMORANDUM

PER CURIAM.

This matter is before the Court upon petition by Kim D. Dawsey for writ of mandamus on the ground that the nominal respondent, Territorial Court Judge Brenda J. Hollar, has erroneously refused to grant the Government's motion for dismissal of the criminal charges filed against him. Judge Hollar has moved to dismiss the petition based on lack of jurisdiction, failure to state a claim upon which relief can be granted, and because the...

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