Emile A. Henderson III

U.S. District Court for the District of the Virgin Islands, Division of St. Croix magistrate 8 signed orders read

How Judge Henderson decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

Procedural preferences

The judge enforces service-of-process formalities strictly even against pro se litigants: he twice denied a pro se plaintiff's applications for entry of default because service by certified mail, or on a defendant's secretary or office support staff rather than the defendant personally, did not satisfy the applicable rules -- while nonetheless extending clearly time-limited additional chances to cure the defect before ordering any final consequence.

On a motion to compel, the judge will not order a party to produce documents it credibly represents it does not possess, particularly where the movant already has an independent means (such as an executed medical-records authorization) to obtain the same materials directly from a third party.

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

United States v. Elias Velasquez, Jr.
· 2025-10-27
Motion to withdraw guilty plea (defendant) Granted

“For the foregoing reasons, Mr. Velasquez's Amended Motion to Withdraw Plea of Guilty, Dkt. No. 60, is GRANTED.”

United States v. Ajani Nicholas, Sincere Williams, and Kevin Nicholas
· 2025-12-22
Motions to dismiss (government) Granted

“the Court RECOMMENDS that the Government's Motion to Dismiss the Information Without Prejudice, Dkt. No. 9, be GRANTED.”

United States v. Adolphus Pennyfeather
· 2025-08-07
Competency determination (defendant) Granted

“ORDERED that Magistrate Judge Emile Henderson III's Competency Report and Recommendation (Dkt. No. 31) is ADOPTED”

Motions to dismiss (government) Denied

“the Court will reject the Magistrate Judge's recommendation in the Dismissal R&R that the Court grant the Government's Motion to Dismiss (Dkt. No. 16) at this time, and will deny the Motion without prejudice.”

Larry Williams v. Mr. Peets Derek and the Superior Court of the Virgin Islands
· 2026-02-11
In forma pauperis screening (plaintiff) Denied

“the Court will adopt the R&R to the extent it recommends dismissal of Plaintiff's Complaint without prejudice for failure to pay the filing fees or submit an IFP application, and will dismiss Plaintiff's Complaint without prejudice.”

Katherine Willett v. Christopher Dahlberg
· 2026-03-06
Motions to compel (defendant) Granted in part

“Dahlberg's Motion to Compel, Dkt. No. 122, is GRANTED IN PART AND DENIED IN PART.”

United States v. Benjamin Alonso Zepeda-Martinez, Marcos Alonso Peralta Gerardo, and Gregorio Verdugo
· 2025-06-27
Motion for detention hearing (government) Denied

“The Government's oral Motion for a Detention Hearing is DENIED.”

Stephanie McIntosh-Luis v. Nelson Petty, Dayna Clendinen, Ruben Jennings, Tessa Hart, and Ronald Hall
· 2024-07-29
Application for entry of default (plaintiff) Denied

“On August 15, 2022, Magistrate Judge Emile A. Henderson III denied Plaintiff's application for entry of default because Plaintiff's service of Defendants by certified mail did not constitute proper service under Virgin Islands Rule of Civil Procedure 4(i)(3) and Federal Rule of Civil Procedure 4(e).”

Motion for entry of default (plaintiff) Denied

“On December 9, 2022, Plaintiff, once again, moved for entry of default. (Dkt. No. 33). On February 2, 2023, Magistrate Judge Henderson again denied Plaintiff's motion for entry of default because, despite having served many of the Defendants individually, Plaintiff still had not effectuated service on the Government.”

Ronnie Garcia v. Cruzan VIRIL, Ltd., Beam Suntory, Inc., Ayanda Daniels, Cruzan Rum Distillery, United Industrial Workers of the Seafarers International Union, AFL-CIO, and Eugene Irish
· 2026-02-13
Motions to dismiss (defendant) Granted

“ORDERED that Cruzan Viril, Ltd., Beam Suntory, Inc., and Ayanda Daniel's "Motion to Dismiss Plaintiff's Amended Complaint" (Dkt. No. 41) is GRANTED; and it is further ORDERED that Plaintiff's Amended Complaint (Dkt. No. 13) is DISMISSED WITHOUT PREJUDICE”

United States v. James Phillip
· 2024-12-31
Competency determination (defendant) Granted

“ORDERED that Magistrate Judge Emile A. Henderson III's Report and Recommendation (Dkt. No. 349) is ADOPTED; and it is further ORDERED that Defendant James Phillip is determined to be mentally incompetent to the extent that he is presently unable to be sentenced in this proceeding”

Issac Bracy v. Lorna Marvinny
· 2022-12-09
Dismissal for failure to prosecute (court) Granted

“the Court will adopt Magistrate Judge Henderson's R&R as modified herein and dismiss with prejudice Plaintiff's claims against Defendant for failure to prosecute.”

Sunshine Shopping Center, Inc. v. LG Electronics Panama, S.A. and Engineering Systems & Sales, Inc.
· 2023-09-30
Summary judgment (defendant) Denied

“The Court will therefore adopt the Magistrate Judge's R&R and deny Defendant's Motion for Partial Summary Judgement.”

Charlotte P. Davis a/k/a Charlotte Poole Davis v. Osbert Potter, Tregenza Roach, Albert Bryan, Jr., and the Government of the Virgin Islands
· 2024-03-30
Preliminary injunction (plaintiff) Denied

“the Court will adopt Magistrate Judge Henderson's R&R as modified herein and deny Plaintiff's Amended Motion for a Preliminary Injunction (Dkt. No. 16).”

Preliminary injunction (plaintiff) Moot / procedural

“The Court will also deny as moot Plaintiff's initial Motion for a Preliminary Injunction (Dkt. No. 7) and reject as moot Magistrate Judge Henderson's R&R dated December 5, 2022 (Dkt. No. 9).”

Caseload & timing

From public federal docket records for this judge.

The sampled dockets referred to Henderson span three factually similar removed personal-injury suits against the same corporate defendant (Lockheed Martin Corporation) that followed a nearly identical case-management pattern -- initial-conference orders, pro hac vice admissions for out-of-territory counsel, and a plaintiff- or defendant-side motion to stay pending a related proceeding, each denied -- plus one very different pro se federal prisoner's civil-rights case, in which the judge repeatedly enforced filing-fee and in forma pauperis requirements before ultimately transferring the case to the district where the underlying conduct was alleged to have occurred. The mix illustrates both the routine procedural motion practice on a corporate personal-injury docket and the pro se gatekeeping work common to a small territorial bench.

Put Judge Henderson's record to work

Ezel drafts and answers grounded in this exact profile: how Judge Henderson actually rules, not a generic AI guess.

Opens in Ezel Pro. Every answer is grounded in Judge Henderson's own signed orders and cites them.