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 Shavahna Kinkade and James Kinkade, two
witnesses who testified against him at his state criminal
trial in 2016, under 42 U.S.C. § 1983. Complaint, ECF
No. 1 (“Compl.”).
December 28, 2018, Magistrate Judge William I. Garfinkel
granted his motion to proceed in forma paupers.
See ECF No. 7.
following reasons, the Court DISMISSES the
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 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.
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.
December 19, 2018, Mr. Ramos filed his Complaint. Compl.
same day, Mr. Ramos moved for leave to proceed in forma
pauperis. Motion for Leave to Proceed in forma pauperis,
ECF No. 2.
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.
December 28, 2018, Magistrate Judge Garfinkel granted Mr.
Ramos's motion for leave to proceed in forma
pauperis. Order, ECF No. 7.
STANDARD OF REVIEW
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 ...