Amey v. Traylor, No. 3:2014cv00778 - Document 3 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION signed by District Judge John A. Gibney, Jr on 11/19/2014. (jsmi, )
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Amey v. Traylor Doc. 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division TEGFALO AMEY, Plaintiff, Civil Action No. 3:14-CV-778 V. JAMES WICKER TRAYLOR, Defendant. MEMORANDUM OPINION This matter comes before the Court on the pro se plaintiffs complaint and Motion to Proceed In Forma Pauperis. (Dk. No. 1.) Upon due consideration, the Court finds the plaintiff, Teofalo Amey, unable to pay the costs of proceeding in the instant case. The Court will therefore grant his motion to proceed informa pauperis. For the reasons stated below, however, the Court will dismiss Amey's complaint. The Court finds the factual allegations in the complaint insufficient to state a plausible claim for relief. The Court accordingly dismisses the complaint without prejudice. I. BACKGROUND This case arises out of Amey's 2012 state criminal prosecution on unspecified charges in Virginia. (Compl. H6.) The defendant, James Wicker Traylor, was appointed as Amey's counsel on September 19, 2012. {Id. ^ 5.) According to Amey, Traylor came to see him for the first time on November 18, 2012, the day before Amey's jury trial was set to begin. {Id. 7, 18.) At that time, Traylor advised Amey to plead guilty to the charges, but Amey rejected the suggestion. {Id. 8-9.) Instead, Amey informed Traylor of several sources of evidence that Dockets.Justia.com
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