United States District Court, D. Connecticut
ORDER OF DISMISSAL
A. BOLDEN UNITED STATES DISTRICT JUDGE
Ramos, proceeding pro se and currently incarcerated at
MacDougall-Walker Correctional Institution in Suffield,
Connecticut, sued Bruce McIntyre for civil rights violations
under 42 U.S.C. § 1983. Complaint, ECF No. 1
December 18, 2018, Magistrate Judge William Garfinkel granted
his motion to proceed in forma pauperis. Order
Granting Motion for Leave to Proceed In Forma Pauperis, ECF
following reasons, the Court DISMISSES the
Complaint for failure to state a plausible claim under 28
U.S.C. § 1915A.
Ramos will have until August 2, 2019 to seek leave to amend
his Complaint or the Court will direct the Clerk of the Court
to close this case.
FACTUAL AND PROCEDURAL BACKGROUND
Ramos alleges that Mr. McIntyre, his former attorney,
violated his Fifth, Sixth, Eighth, Ninth, and Fourteenth
Amendment rights by failing to adequately represent him
during his state criminal trial. Compl. at ¶¶ 2-10.
Specifically, he alleges that Mr. McIntyre failed to request
a speedy trial, seek subpoenas and present the testimony of
several witnesses in support of his defense, object to
certain evidence presented by the state, and adequately
investigate his case. Id.
convicted Mr. Ramos of murder on April 29, 2016 and he
subsequently received a prison sentence of sixty years.
See State v. Ramos, No. KNL-CR12-0119499-T (Conn.
Super. Ct. Apr. 29, 2016).
December 5, 2017, the Connecticut Appellate Court affirmed
his conviction. State v. Ramos, 178 Conn.App. 400
Connecticut Supreme Court then denied Mr. Ramos' petition
for certification to appeal the Appellate Court's
decision; State v. Ramos, 327 Conn. 1003, (2018).
United States Supreme Court also denied his petition for writ
of certiorari. Ramos v. Connecticut, 138 S.Ct. 2656