PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 09-3616 CARL SIMON, Appellant v. GOVERNMENT OF THE VIRGIN ISLANDS On Appeal from the District Court of the Virgin Islands – Appellate Division (D. C. No. 3-03-cv-00024) District Judge: Honorable Daryl D. Donohue District Judge: Honorable Raymond L. Finch District Judge: Honorable Curtis V. Gomez Argued on December 8, 2011 Before: FISHER, GREENAWAY, JR. and ROTH, Circuit Judges (Opinion filed May 9, 2012) Joseph A. DiRuzzo, III, Esquire (Argued) Fuerst Ittleman 1001 Brickell Bay Drive Suite 3200 Miami, FL 33131 Counsel for Appellant Office of Attorney General of the Virgin Islands Department of Justice Tiffany V. Monrose, Esquire (Argued) 34-38 Kronprindsens Gade, GERS Complex, 2nd Floor Charlotte Amalie St. Thomas, VI 00802 Counsel for Appellee ROTH, Circuit Judge: ORDER AMENDING SLIP OPINION IT IS ORDERED that the published Opinion in the above case, filed on May 9, 2012, be amended as follows: On page 12, paragraph 2, sentence 1, delete the following word: “CPD” and replace it with: “CPC”.  On page 6, paragraph 2, line 1, delete and add to the following: Delete “issued a Certificate of Appealability,” add a comma after “ Joseph A. DiRuzzo, III” and delete the comma after the word “counsel,” which will result in the sentence reading: “On December 17, 2010, we appointed Joseph A. DiRuzzo, III, as counsel and directed the parties to address:” By the Court, JANE R. ROTH Circuit Judge Dated: May 16, 2012 tmm/cc: All counsel of Record