Grandinetti vs. President Bill Clinton

Filing 4

DISMISSAL ORDER PURSUANT TO 28 U.S.C. § 1915(g). Signed by JUDGE LESLIE E. KOBAYASHI on 11/5/2013. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on 11/6/2013 the date of this docket entry Modified on 11/5/2013 (ecs, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
FRANCIS ANTHONY GRANDINETTI
II,

)
)
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Plaintiff,
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vs.
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PRESIDENT BILL CLINTON,
CLINTON ADMINISTRATION
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OFFICIALS, JANET RENO,
)
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Defendants.
_____________________________ )

CIV. NO. 13-00566 LEK/KSC
DISMISSAL ORDER PURSUANT TO
28 U.S.C. § 1915(g)

DISMISSAL ORDER PURSUANT TO 28 U.S.C. § 1915(g)
Before the court is pro se plaintiff Francis Anthony
Grandinetti’s prisoner civil rights action.

Grandinetti is a

Hawaii inmate confined at the Saguaro Correctional Center
(“SCC”), in Eloy, Arizona.

Grandinetti challenges the

constitutionality of the Prison Litigation Reform Act (“PLRA”) of
1995.

Grandinetti neither submitted an in forma pauperis (“IFP”)

application nor paid the statutory filing fee for commencing this
action.
I.

28 U.S.C. § 1915(g)

A prisoner may not bring a civil action or appeal a
civil judgment in forma pauperis if:
the prisoner has, on 3 or more prior
occasions, while incarcerated or detained in
any facility, brought an action or appeal in
a court of the United States that was
dismissed on the grounds that it is
frivolous, malicious, or fails to state a
claim upon which relief may be granted,

unless the prisoner is under imminent danger
of serious physical injury.
28 U.S.C. § 1915(g).
“[Section] 1915(g) should be used to deny a prisoner’s
IFP status only when, after careful evaluation of the order
dismissing an action, and other relevant information, the
district court determines that the action was dismissed because
it was frivolous, malicious or failed to state a claim.”
v. King, 398 F.3d 1113, 1121 (9th Cir. 2005).

Andrews

“In some

instances, the district court docket records may be sufficient to
show that a prior dismissal satisfies at least one of the
criteria under § 1915(g) and therefore counts as a strike.”

Id.

at 1120.
The court takes judicial notice that Grandinetti has
had at least three cases dismissed while he was incarcerated that
qualify as “strikes” under 28 U.S.C. § 1915(g).

See Bias v.

Moynihan, 508 F.3d 1212, 1225 (9th Cir. 2007).

These include:

(1)

Grandinetti v. U.S. Marshals Serv., Civ. No.
00-00489 SOM-KSC (D. Haw. Aug. 1, 2001)
(dismissed for failure to state a claim);

(2)

Grandinetti v. Bobby Ross Group Inc., et al.,
Civ. No. 96-00117 (E.D. Tex. Mar. 5, 1999)
(dismissed as frivolous and for failure to
state a claim); and

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(3)

Grandinetti v. Iranon, et al., Civ. No. 9600101 (E.D. Tex. Jan. 26, 1998) (dismissed as
frivolous and for failure to state a claim).1

See PACER Case Locator, http://pacer.psc.uscourts.gov.
Grandinetti may not bring a civil action without complete
prepayment of the entire filing fee unless he is in imminent
danger of serious physical injury.
II.

28 U.S.C. § 1915(g).

NO IMMINENT DANGER

“[T]he availability of the [imminent danger] exception
turns on the conditions a prisoner faced at the time the
complaint was filed, not some earlier or later time.”
Cervantes, 493 F.3d 1047, 1053 (9th Cir. 2007).

Andrews v.

“[T]he exception

applies if the complaint makes a plausible allegation that the
prisoner faced ‘imminent danger of serious physical injury’ at
the time of filing.”

Id. at 1055.

Nothing within the Complaint suggests that Grandinetti
was in imminent danger of serious physical injury when he filed
this action.

Grandinetti may not proceed without prepayment of

the civil filing fee.

The Complaint and action are DISMISSED

without prejudice pursuant to 28 U.S.C. § 1915(g).

Grandinetti

may reassert these claims in a new action by concurrently
submitting the entire $400.00 filing fee.

1

Any pending motions

The court has notified Grandinetti of his strikes numerous
times. See e.g., Grandinetti v. Champion Air, Civ. No. 12-00528
SOM; Grandinetti v. Inverness Med. Co., Civ. No. 12-00489 HG;
Grandinetti v. U.S. Attorney Gen., Civ. No.12-00430 HG.
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are DISMISSED.

The Clerk shall close the case and note this

dismissal is pursuant to 28 U.S.C. § 1915(g).
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, November 5, 2013.

/S/ Leslie E. Kobayashi
Leslie E. Kobayashi
United States District Judge

Grandinetti v. Clinton, Civ. No. 13-00566 LEK/KSC; PSA/3 stks/dmp/2013/Grandinetti v.
Clinton, 13-566 lek (no imm. dng)

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