UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY PADUCAH DIVISION CIVIL ACTION NO. 5:07-CV-114-TBR

MICHAEL WAYNE LONG PLAINTIFF

v.

ROBERT BELL, et al. DEFENDANTS

MEMORANDUM OPINION AND ORDER This matter is before the Court on Plaintiff Michael Wayne Long’s Motion to Reopen Case. [DN 7]. Defendants have not responded, nor have they been served. Nevertheless, the Court considers this motion to be ripe for review, and for the following reasons, it is DENIED. On August 3, 2007, the Court dismissed Long’s complaint because it was wholly frivolous and devoid of merit. [DN 3 at 2]. Long initiated this action by filing a document styled “Criminal Complaint.” In his “Criminal Complaint,” Long asserted that three Kentucky State Penitentiary corrections officers struck him on the side of the face with a revolver in 1980. Long claimed that the officers’ actions violated

, a criminal statute. The Court dismissed Long’s complaint for two reasons: (1) “a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another.” Linda R.S. v. Richard D.,

, 619 (1973); and (2)

does not give rise to any private civil cause of action. See United States v. Oguaju,

(6th Cir. 2003). On December 28, 2018, Long filed a Motion to Reopen Case. [DN 5]. The Court denied Long’s motion given that he did not dispute either of the grounds for dismissal in the Court’s prior Memorandum Opinion, nor did he identify a rule of procedure under which this action could be reopened. [DN 6]. Long has now filed a second Motion to Reopen Case claiming subject matter jurisdiction under the Civil Rights Act of 1871. [DN 7]. However, Long again fails to dispute the grounds upon which the Court dismissed the action and he did not identify a rule of procedure under which the action could be reopened. Accordingly, Long’s Motion to Reopen Case is DENIED. [DN 7]. The case shall remain closed.

IT IS SO ORDERED.

Thomas B. Russell, Senior Judge United States District Court March 20, 2020

cc: Michael Wayne Long, Pro Se, 81811 KSR — Kentucky State Reformatory P.O. Box 188 LaGrange, KY 40031 cc: Counsel of Record