Louis Willis v. Attorney General Virgin Island
Defendant / Appellee: ATTORNEY GENERAL VIRGIN ISLANDS
Plaintiff / Appellant: LOUIS MILTON WILLIS
Case Number: 20-2198
Filed: June 15, 2020
Court: U.S. Court of Appeals, Third Circuit
Nature of Suit: Other
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Docket Report

This docket was last retrieved on July 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2020 Opinion or Order Filing 32 ORDER (AMBRO, CHAGARES and RESTREPO, Circuit Judges) Appellant's request for a certificate of appealability is denied because reasonable jurists would not debate the District Court's denial of his habeas petition. See 28 U.S.C. (Section: 2253(c)(2); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). In particular, they would not debate whether 48 U.S.C. Section: 1612(a) divested the Superior Court of the Virgin Islands of jurisdiction over appellant's criminal charges. They also would not debate the Superior Court's jurisdiction over those charges under 4 V.I.C. Section: 76(b). We make these determinations primarily for the reasons explained by the District Court, as well as many of the reasons explained by the territorial courts in this matter. We further conclude that appellant's reliance on the Buck Act, 4 U.S.C. Section: 105-110, and in particular its definition of "income tax" for purposes of that Act, lacks debatable merit because that definition does not lend debatable support to appellant's interpretation of the phrase "income tax laws applicable to the Virgin Islands" in Section: 1612(a). To the contrary, the fact that Congress specifically included "gross receipts" in its definition of "income tax" for purposes of the Buck Act, 4 U.S.C. Section: 110(c), further suggests that the Virgin Islands gross receipts tax at issue here is not an "income tax law" as that phrase is commonly understood or as that phrase is used in Section: 1612(a). We have carefully reviewed appellant's remaining arguments and conclude that they lack debatable merit as well. Because the certificate of appealability is denied and the Government has confirmed that appellant has since been paroled, we dismiss as moot his emergency motion for release pending appeal. Panel No.: GCO-012E. Ambro, Authoring Judge. (DW) [Entered: 07/09/2020 04:00 PM]
July 8, 2020 Filing 31 ECF FILER: AMENDED REPLY filed by Appellant Louis Milton Willis to Opposition to Motion for a Certificate of Appealability and Suggestion of Summary Reversal. Certificate of Service dated 07/08/2020. Service made by ECF. [20-2198]--[Edited 07/08/2020 by ARR to correct event and docket text.] (KO) [Entered: 07/08/2020 01:06 PM]
July 8, 2020 Filing 30 ECF FILER: REPLY filed by Appellant Louis Milton Willis to Opposition to Motion for a Certificate of Appealaability and Suggestion of Summary Reversal. Certificate of Service dated 07/08/2020. Service made by ECF. [20-2198]--[Edited 07/08/2020 by ARR to correct event and docket text.] (KO) [Entered: 07/08/2020 12:21 PM]
July 7, 2020 Opinion or Order Filing 29 ORDER (Clerk) granting motion to reconsider order filed by Appellant Louis Milton Willis and Appellant may proceed in forma pauperis on appeal. The Court may reconsider in forma pauperis status or request additional information at any time during the course of this appeal. (ARR) [Entered: 07/07/2020 07:02 PM]
July 7, 2020 Filing 28 ECF FILER: Response filed by Appellee Attorney General Virgin Islands to motion to request certificate of appealability, motion for summary action. Certificate of Service dated 07/07/2020. [20-2198] (ISC) [Entered: 07/07/2020 04:10 PM]
July 6, 2020 Filing 27 ECF FILER: ENTRY OF APPEARANCE from Ian Clement on behalf of Appellee(s) Attorney General of the United States Virgin Islands. [20-2198] (ISC) [Entered: 07/06/2020 09:49 AM]
July 2, 2020 Filing 26 ECF FILER: DOCUMENT filed by Appellant Louis Milton in support of motion for reconsideration containing opinion Lexis 77474, USA v. Willis dated June 15, 2015 from the United States District Court for the District of the Virgin Islands. Certificate of Service dated 07/02/2020. Service made by ECF.--[Edited 07/02/2020 by DW]--[Edited 07/02/2020 by DW]--[Edited 07/06/2020 by MB] (KO) [Entered: 07/02/2020 12:16 PM]
July 2, 2020 Filing 25 ECF FILER: Motion to Reconsider Decision dated July 2, 2020, on Motion for Leave to Proceed in Forma Pauperis and Waiver of Filing Form AO-240-2254. Certificate of Service dated 07/02/2020. Service made by ECF. [20-2198]--[Edited 07/02/2020 by DW] (KO) [Entered: 07/02/2020 12:14 PM]
July 2, 2020 Filing 24 FOLLOW UP LETTER to Ian S.A. Clement, Esq. for Attorney General Virgin Islands requesting the following document(s): Appearance Form on or before 07/16/2020. (ARR) [Entered: 07/02/2020 09:25 AM]
July 2, 2020 Opinion or Order Filing 23 ORDER (Clerk) Appellant's request to waive the filing of an application in support of his motion for leave to proceed in forma pauperis is denied. It is noted that Appellant was not granted leave to proceed in forma pauperis in the underlying District Court action for this appeal. Appellant must submit this Court's affidavit of poverty, signed by Appellant, within 14 days of the date of this order. A form affidavit is enclosed for Appellant's convenience. Action on the motion to proceed in forma pauperis is deferred pending the submission of a completed and signed affidavit. (ARR) [Entered: 07/02/2020 09:23 AM]
June 29, 2020 Filing 22 TEXT ONLY ORDER (Clerk) granting motion for extension of time filed by Appellee Attorney General Virgin Islands. The response must be filed within 14 days of the date of this order. (KAG) [Entered: 06/29/2020 03:43 PM]
June 29, 2020 Filing 21 ECF FILER: Response filed by Appellant Louis Milton Willis in opposition to motion for extension of time to file response. Certificate of Service dated 06/29/2020. [20-2198] (KO) [Entered: 06/29/2020 02:36 PM]
June 29, 2020 Filing 20 ECF FILER: Motion filed by Appellee Attorney General Virgin Islands for Extension of Time to file Response to Emergency Motion for Release Pending Appeal until/for 14. Certificate of Service dated 06/29/2020. Service made by ECF. [20-2198] (ISC) [Entered: 06/29/2020 12:07 PM]
June 23, 2020 Filing 19 ECF FILER: Emergency Motion filed by Appellant Louis Milton Willis for issuance of certificate of appealability and suggestion of summary reversal. Certificate of Service dated 06/23/2020. Service made by ECF. [20-2198]--[Edited 06/24/2020 by ARR to edit docket text.] (KO) [Entered: 06/23/2020 11:00 PM]
June 23, 2020 Filing 18 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant Louis Milton Willis. [20-2198]---[Edited 06/24/2020 by ARR: DOCUMENT REMOVED AS THE INCORRECT EVENT WAS USED AND IT IS DUPLICATIVE OF MOTION FILED 06/24/2020.] (KO) [Entered: 06/23/2020 10:44 PM]
June 22, 2020 Filing 17 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Louis Milton Willis advising this court that transcripts are not needed. [20-2198] (KO) [Entered: 06/22/2020 04:21 PM]
June 22, 2020 Filing 16 ECF FILER: Concise Summary of the Case filed by Appellant Louis Milton Willis. [20-2198] (KO) [Entered: 06/22/2020 04:18 PM]
June 22, 2020 Filing 15 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Louis Milton Willis. [20-2198] (KO) [Entered: 06/22/2020 04:15 PM]
June 22, 2020 Filing 14 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant Louis Milton Willis. [20-2198] (KO) [Entered: 06/22/2020 04:13 PM]
June 22, 2020 Filing 13 ECF FILER: ENTRY OF APPEARANCE from Kelechukwu Chidi Onyejekwe on behalf of Appellant(s) Louis Milton Willis. [20-2198] (KO) [Entered: 06/22/2020 04:05 PM]
June 22, 2020 Opinion or Order Filing 12 ORDER (Clerk) granting the foregoing motion by Appellant to vacate Clerk Order dated June 16, 2020. By order dated June 22, 2020, the District Court granted Plaintiff/Appellant's motion to withdraw the motion for reconsideration. Accordingly, the Clerk's order dated June 16, 2020, staying the proceedings pending disposition of the motion for reconsideration is hereby vacated. (ARR) [Entered: 06/22/2020 03:52 PM]
June 22, 2020 Filing 11 TEXT ONLY ORDER (Clerk) On June 22, 2020, counsel for Appellant Louis Milton Willis filed an entry of appearance form together with a civil information statement, disclosure statement, concise summary of the case and transcript purchase order form as a single event. Each of the case opening forms are required to be filed separately on the Court's docket. Accordingly, counsel must electronically file the civil information statement, disclosure statement, concise summary of the case and transcript purchase order form separately on the Court's docket using their respective events in ECF within (3) days of the date of this Order. No action will be taken on filings until the deficiencies are corrected. (ARR) [Entered: 06/22/2020 02:45 PM]
June 22, 2020 Filing 10 TEXT ONLY ORDER (Clerk) The Government's response to Appellant's motion for release must be filed on or before Monday, June 29, 2020. (KAG) [Entered: 06/22/2020 02:26 PM]
June 22, 2020 Filing 9 ECF FILER: Motion filed by Appellant Louis Milton Willis to vacate order dated 06/16/2020. Certificate of Service dated 06/22/2020. Service made by ECF. [20-2198] (KO) [Entered: 06/22/2020 12:06 PM]
June 22, 2020 Filing 8 ECF FILER: Motion filed by Appellant Louis Milton Willis for leave to proceed In Forma Pauperis and for Waiver of Filing Form AO-240-2254. Certificate of Service dated 06/22/2020. Service made by ECF. [20-2198]--[Edited 07/02/2020 by ARR] (KO) [Entered: 06/22/2020 11:44 AM]
June 22, 2020 Filing 7 ECF FILER: COVID-19 CDC People at Higher Risk. Exhibit to Emergency Motion for Release Pending Appeal filed by Appellant Louis Milton Willis. Certificate of Service dated 06/22/2020. Service made by ECF. [20-2198] (KO) [Entered: 06/22/2020 09:23 AM]
June 22, 2020 Filing 6 ECF FILER: ENTRY OF APPEARANCE from Kelechukwu Chidi Onyejekwe on behalf of Appellant(s) Louis Milton Willis.- [20-2198]--[Edited 06/22/2020 by ARR: Document removed - duplicate filing.] (KO) [Entered: 06/22/2020 09:04 AM]
June 21, 2020 Filing 5 ECF FILER: Motion filed by Appellant Louis Milton Willis for bail pending appeal. Certificate of Service dated 06/21/2020. Service made by ECF. [20-2198] (KO) [Entered: 06/21/2020 08:04 PM]
June 19, 2020 Filing 4 LEGAL DIVISION LETTER SENT advising that the case will be submitted to a panel of this Court for a decision on the issuance of certificate of appealability. (SH) [Entered: 06/19/2020 11:30 AM]
June 16, 2020 Filing 3 CLERK ORDER - RULE 4(a)(4) staying case pending disposition of post decision motion. VACATED PURSUANT TO THE CLERK'S ORDER DATED JUNE 22, 2020.---[Edited 06/22/2020 by ARR] (DW) [Entered: 06/16/2020 01:02 PM]
June 15, 2020 Filing 2 RECORD available on District Court CM/ECF. (DW) [Entered: 06/15/2020 05:38 PM]
June 15, 2020 Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Louis Milton Willis in District Court No. 3-20-cv-00021. (DW) [Entered: 06/15/2020 05:23 PM]

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Defendant / appellee: ATTORNEY GENERAL VIRGIN ISLANDS
Represented By: Ian S.A. Clement Esq.
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Plaintiff / appellant: LOUIS MILTON WILLIS
Represented By: Kele Onyejekwe Esq.
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