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Gamble v. Conway

United States District Court, E.D. Kentucky, Central Division, Lexington

April 21, 2014

BENNIE L. GAMBLE, JR., Plaintiff,
v.
JACK CONWAY, Attorney General of Kentucky, Defendant.

MEMORANDUM OPINION AND ORDER

DANNY C. REEVES, District Judge.

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] 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: 14-CV-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-326-JMH (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. 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.Appx. 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.


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