Ridgeway v. Laurel County Jailer, No. 1:2012cv00034 - Document 3 (W.D. Ky. 2012)

Court Description: MEMORANDUM OPINION by Chief Judge Joseph H. McKinley, Jr. on 4/12/2012; Plaintiff's criminal complaint will be dismissed by separate order. Clerk of Court DIRECTED to send Plaintiff a 1983 packet containing the forms necessary to file a 1983 action should he choose to do so. cc: Plaintiff, pro se; Defendant (CDF)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT BOWLING GREEN THOMAS RIDGEWAY v. PLAINTIFF CIVIL ACTION NO. 1:12CV-P34-M LAUREL COUNTY JAILER DEFENDANT MEMORANDUM OPINION Plaintiff Thomas Ridgeway initiated this action by filing a document styled Motion for Federal Action - Authority. He asks the Court to order the federal authorities to investigate and file criminal charges of first-degree criminal abuse of a prisoner regarding an incident that occurred on or about January 27, 2012, at the Laurel County Jail. Authority to initiate a criminal complaint rests exclusively with state and federal prosecutors. Sahagian v. Dickey, 646 F. Supp. 1502, 1506 (W.D. Wis. 1986); United States v. Nixon, 418 U.S. 683, 693 (1974) ( [T]he Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case. ); Williams v. Luttrell, 99 F. App x 705, 707 (6th Cir. 2004) ( [A]s a private citizen, Williams has no authority to initiate a federal criminal prosecution of the defendants for their alleged unlawful acts. ). As a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another, Linda R. S. v. Richard D., 410 U.S. 614, 619 (1973), Plaintiff s criminal complaint will be dismissed by separate Order. Plaintiff may always file a civil action under 42 U.S.C. § 1983, a civil-rights statute which provides for redress of constitutional violations committed by persons acting under color of state law. The Clerk of Court is DIRECTED to send Plaintiff a § 1983 packet containing the forms necessary to file a § 1983 action should he choose to do so. Date: April 12, 2012 cc: Plaintiff, pro se Defendant 4414.005 2

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