LEWIS v. SESSIONS et al

Filing 6

OPINION FILED. Signed by Judge Robert B. Kugler on 9/21/17. (js)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

KENNETH WAYNE LEWIS,
Plaintiff,

HONORABLE ROBERT B. KUGLER
No. 17-4240 (RBK-JS)

v.
JEFF SESSIONS, et al.,

OPINION

Defendants.

KUGLER, District Judge
This matter comes before the Court on Plaintiff Kenneth Wayne Lewis’ submission
captioned as a “Criminal Complaint” alleging mail tampering, mail fraud, fraudulent
misrepresentations, and interference with his access to the courts.
1.

In an order dated August 29, 2017, the Court advised Plaintiff that he could not

bring criminal charges in this court, but he could bring a civil rights action brought pursuant to
Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). The
Court directed Plaintiff to advise it if he wanted the Court to construe his complaint as a civil
rights action.
2.

In response to the Court’s order, Plaintiff emphatically stated “this is a Criminal

Matter not a Civil rights violation” and “there is no claim to be filing a Bivens.”
3.

The Court will therefore dismiss the complaint for lack of jurisdiction without

filing the complaint as Plaintiff cannot bring a criminal matter in federal court, see Dicent v.
Sears Holdings, No. 3:17-CV-332, 2017 WL 1045066, at *5 (M.D. Pa. Feb. 27, 2017) (citing
cases), report and recommendation adopted, No. 3:17-CV-00332, 2017 WL 1042470 (M.D. Pa.
Mar. 17, 2017), and he does not want to pursue a civil rights action.

4.

An appropriate order follows.

Date: September 21, 2017

s/RobertKugler
ROBERT B. KUGLER
U.S. District Judge

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