Gamble v. Conway, No. 5:2014cv00118 - Document 2 (E.D. Ky. 2014)
Court Description: MEMORANDUM OPINION & ORDER: (1) Gamble's 1 Criminal Complaint is DISMISSED, with prejudice. This matter is DISMISSED and STRICKEN from the Court's docket. (2) A separate Judgment shall be entered this date. Signed by Judge Danny C. Reeves on April 21, 2014. (AWD) cc: Pla via US Mail
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION (at Lexington) BENNIE L. GAMBLE, JR., Plaintiff, V. JACK CONWAY, Attorney General of Kentucky, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No. 5: 14-118-DCR MEMORANDUM OPINION AND ORDER *** *** *** *** Bennie L. Gamble, Jr., is an inmate confined at the Northpoint Training Center in Burgin, Kentucky. Gamble has filed a one-page Criminal Complaint on a form document, naming the Kentucky Attorney General, Jack Conway, as the defendant. [Record No. 1] Gamble s complaint asserts that Conway violated his civil rights in violation of Title 18, Chapter 13 of the United States Code; conspired against [his] rights in violation of 18 U.S.C. § 241; depriv[ed his] rights under color of law in violation of 18 U.S.C. § 242; committed peonage and obstruct[ed] enforcement in violation of 18 U.S.C. § 1581; committed fraud and made false statements in violation of 18 U.S.C. § 1002; and committed major fraud against the United States in violation of 18 U.S.C. § 1031. Gamble states that his claims are based on Constitutional; Fact doctrine, Jurisdictional; fact doctrine, Constitutional tort, Government tort, intentional tort, Negligent tort, Personal tort, [and] -1- Prima: facie [evidence]. For administrative purposes, the Clerk of the Court has docketed Gamble s complaint as a civil rights action filed pursuant to 42 U.S.C. § 1983. Id. Over a three-day period, Gamble filed a total of six one-page criminal complaints, in this district. They are identical in all respects except for the name of the defendant. See Gamble v. Thapar, No. 7: 14-CV-41-KKC (E.D. Ky. 2014); Gamble v. Corrections Corp. of America, No. 7: 14-CV-45-ART (E.D. Ky. 2014); Gamble v. Ky. Dept. of Corr., No. 5: 14CV-117-KKC (E.D. Ky. 2014); Gamble v. Conway, No. 5: 14-CV-118-DCR (E.D. Ky. 2014); Gamble v. Bottom, No. 5: 14-CV-119-JMH (E.D. Ky. 2014); Gamble v. Long, No. 5: 14-CV-120-KKC (E.D. Ky. 2014). Gamble has a history as a repetitive and abusive filer before this Court, having been a plaintiff in at least seventeen cases in this district. Each of the defendants named in his current complaints was a named defendant in one or more of his numerous prior complaints. And each of those cases was dismissed upon initial screening. Gamble v. Corrections Corp. of America, No. 7: 12-CV-79-KKC (E.D. Ky. 2012); Gamble v. Corrections Corp. of America, No. 7: 13-CV-63-ART (E.D. Ky. 2013); Gamble v. Corrections Corp. of America, No. 7: 13-CV-82-ART (E.D. Ky. 2013); Gamble v. Commonwealth of Kentucky, No. 5: 13-CV-308-DCR (E.D. Ky. 2013); Gamble v. Ky. Dept. of Corr., No. 5: 13-CV-317-KKC (E.D. Ky. 2013); Gamble v. Bottom, No. 5: 13-CV-326JMH (E.D. Ky. 2013); Gamble v. Conway, No. 5: 13-CV-327-JMH (E.D. Ky. 2013); Gamble v. Peckler, No. 5: 13-CV-328-KSF (E.D. Ky. 2013). Gamble s current criminal complaint will be dismissed. As an initial matter, the Court notes that only a prosecutor has the authority to file criminal charges. A private citizen such as Gamble lacks standing to initiate such proceedings. Diamond v. Charles, 476 U.S. -2- 54, 64 (1986) (explaining that a private citizen may not compel enforcement of a criminal law, because he lacks a judicially cognizable interest in the prosecution of nonprosecution of another ) (internal quotation marks omitted); see also Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973); Williams v. Luttrell, 99 F. App x 705, 707 (6th Cir. 2004) ( [A]s a private citizen, [a plaintiff] has no authority to initiate a federal criminal prosecution. ). Further, Gamble has long been subject to the three strikes bar of 28 U.S.C. § 1915(g). His use of a criminal complaint against Jack Conway, a defendant named in his prior civil rights actions, is an improper attempt to side-step the dismissal of his prior frivolous filings. See Gamble v. Conway, No. 5: 13-CV-327-JMH (E.D. Ky. 2013) (dismissing Gamble s § 1983 action against Attorney General Jack Conway). Accordingly, it is hereby ORDERED as follows: 1. Gamble s Criminal Complaint [Record No. 1] is DISMISSED, with prejudice. This matter is DISMISSED and STRICKEN from the Court s docket. 2. A separate Judgment shall be entered this date. This 21st day of April, 2014. -3-
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