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Ramos v. McIntyre

United States District Court, D. Connecticut

June 11, 2019

JOSE RAMOS, Plaintiff,
v.
BRUCE MCINTYRE, Defendant.

          ORDER OF DISMISSAL

          VICTOR A. BOLDEN UNITED STATES DISTRICT JUDGE

         Jose 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 (“Compl.”).

         On 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 No. 7.

         For the following reasons, the Court DISMISSES the Complaint for failure to state a plausible claim under 28 U.S.C. § 1915A.

         Mr. 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.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         A. Factual Allegations

         Mr. 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.

         A jury 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).[1]

         On December 5, 2017, the Connecticut Appellate Court affirmed his conviction. State v. Ramos, 178 Conn.App. 400 (2017).

         The Connecticut Supreme Court then denied Mr. Ramos' petition for certification to appeal the Appellate Court's decision; State v. Ramos, 327 Conn. 1003, (2018).

         The United States Supreme Court also denied his petition for writ of certiorari. Ramos v. Connecticut, 138 S.Ct. 2656 (2018).

         B. ...


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