Grandinetti v. Martinez et al

Filing 7

ORDER DENYING TEMPORARY RESTRAINING ORDER re 6 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 4/17/2015. (emt, )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). Francis A. Grandinetti, II shall be served by first class mail at the address of record on April 20, 2015.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
FRANCIS A. GRANDINETTI, II,
#A0185087,

)
)
)
Plaintiff,
)
)
)
vs.
)
ACTING SERGEANT F. MARTINEZ, )
et al.,
)
)
)
Defendants.
_____________________________ )

CIV. NO. 15-00081 SOM/KSC
ORDER DENYING TEMPORARY
RESTRAINING ORDER

ORDER DENYING TEMPORARY RESTRAINING ORDER
The court dismissed this action without prejudice on
March 30, 2015, finding that pro se Plaintiff Francis Grandinetti
may not proceed without prepayment of the filing fees because he
has three strikes under 28 U.S.C. § 1915(g) and alleged no facts
showing that he was in imminent danger of serious physical injury
at the time he filed this action.

See Doc. No. 4.1

Before the court is Grandinetti’s “Separate T.R.O
Application, Rule 65 and § 1915(g)” motion.

Doc. No. 6.

The

Motion is a copy of Grandinetti’s “Medical Request” of March 4,
2015, stating that he was moved to special housing as a mentally
ill inmate and seeking a mental health review by a physician.

1

Grandinetti alleged that prison officials recorded him
shredding his mattress, charged him with possessing a knife and
threatening a guard, and placed him on suicide watch. See
Compl., Doc. No. 1.

See id.

It is dated approximately two weeks before Grandinetti

filed this action.

Grandinetti’s Complaint, filed on March 17,

2015, makes clear that he was put on suicide watch and medically
reviewed after he submitted this Medical Request.
Doc. No. 1.

See Compl.,

Moreover, Grandinetti has made similar claims in

several other recent actions and submitted similar Medical
Requests as evidence.

See, e.g., Grandinetti v. Hawaii

Judiciary, Civ. No. 15-00089 JMS/RLP (D. Haw. Apr. 8, 2014);
Grandinetti v. Corr. Corp. of America, Civ. No. 15-00083 JMS/RLP
(D. Haw. Apr. 2, 2014); Grandinetti v. Olsen, Civ. No. 15-00082
LEK/RLP (D. Haw. Mar. 30, 2014).

These actions were all

dismissed without prejudice pursuant to 28 U.S.C. § 1915(g).
Grandinetti’s request for a temporary restraining order
is DENIED.

First, this action is closed, and Plaintiff has not

submitted the $400 filing fee required to reopen it, or to open a
new action.

Second, Grandinetti’s statements and exhibits in

this action and others show that he has received a mental health
evaluation and is housed in mental health special housing.
Grandinetti’s Motion is moot.
Third, Grandinetti cannot succeed on the merits of his
Motion, will not suffer irreparable harm in the absence of
injunctive relief, and cannot show that the equities tip in his
favor or that an injunction is in the public interest.

2

See Shell

Offshore, Inc. v. Greenpeace, Inc., 709 F.3d 1281, 1289 (9th Cir.
2013).
Finally, Grandinetti’s Medical Request does not
convince this court to reconsider its decision that he was not in
imminent danger of serious physical injury when he filed this
action or this Motion.

See Andrews v. Cervantes, 493 F.3d 1047,

1053 (9th Cir. 2007).
The Motion is DENIED.

Grandinetti is NOTIFIED that the

court will take no further action on motions or documents he
files in this action, other than a notice of appeal.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, April 17, 2015.

/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge

Grandinetti v. Martinez, et al., 1:15-cv-00081 SOM/KSC; tro 2015; J:\PSA Draft
Ords\SOM\Grandinetti 15-81 SOM

(TRO).wpd

3