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Ramos v. Kincade

United States District Court, D. Connecticut

June 12, 2019

JOSE RAMOS, Plaintiff,
v.
SHAVAHNA KINKADE, et al., Defendants.

          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 Shavahna Kinkade and James Kinkade, two witnesses who testified against him at his state criminal trial in 2016, under 42 U.S.C. § 1983.[1] Complaint, ECF No. 1 (“Compl.”).

         On December 28, 2018, Magistrate Judge William I. Garfinkel granted his motion to proceed in forma paupers. See ECF No. 7.

         For the following reasons, the Court DISMISSES the Complaint.

         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

         Mr. Ramos alleges that the Defendants gave false statements to the Norwich Police Department in June of 2012 and testified falsely under oath at his criminal trial in January 2016. Compl. ¶¶ 1-2. He also alleges that Shavahna Kinkade testified under the influence of hallucinogenic drugs at the trial. Id. at ¶ 2.

         Furthermore, Mr. Ramos alleges that both defendants spoke about the case outside the courtroom during the proceedings, which deprived him of a fair trial. Id. at ¶ 4.

         On December 19, 2018, Mr. Ramos filed his Complaint. Compl.

         The same day, Mr. Ramos moved for leave to proceed in forma pauperis. Motion for Leave to Proceed in forma pauperis, ECF No. 2.

         On December 21, 2018, the Court referred the motion for leave to proceed in forma pauperis to U.S. Magistrate Judge William Garfinkel. Order Referring Case, ECF No. 6.

         On December 28, 2018, Magistrate Judge Garfinkel granted Mr. Ramos's motion for leave to proceed in forma pauperis. Order, ECF No. 7.

         II. STANDARD OF REVIEW

         This Court must review prisoner civil complaints and dismiss any portion of the complaint that is frivolous or malicious, that fails to state a claim upon which relief may be granted, or that seeks monetary relief from a ...


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