Grandinetti v. Mee

United States District Court for the District of Hawaii

Grandinetti v. Mee

Trial Court Opinion

FILED IN THE R | 5 | N A [| UNITED STATES DISTRICT COURT DISTRICT OF HAWAII : NOV 06 209 1 sietnns and\S min. PM SUE BEITIA, CLERK ¢s IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII .

FRANCIS GRANDINETTI, :) CIV. NO. 19-00591 HG-WRP #A0185087, ) ) DISMISSAL ORDER - Plaintiff, □ □ . ) □ vs. ) ) DR. CAROLINE MEE, et al., ) Defendants. ) ee eet a oa) DISMISSAL ORDER Before the court is pro se Plaintiff Francis Grandinetti’s (“Grandinetti”),

recent prisoner civil rights Complaint titled “Federal Complaint for Medical Contractors (Fraud). Pre-parole and Parole-custody: P.E. and M.H.E. all past-due.” -ECF No. 1. Grandinetti is a Hawaii state prisoner who is confined in CoreCivic’s Saguaro Correctional Center (“SCC”), located in Eloy, Arizona. Grandinetti did not submit the civil filing fee or an application to proceed in forma pauperis. Grandinetti has accrued three strikes pursuant to

28 U.S.C. § 1915

(g)! and

‘See, e.g., Grandinetti v. FTC Seg. Unit Staff,

426 F. App’x 576

(9th Cir. 2011); Grandinetti v. Abercrombie, Civ. No. 15-00007 LEK-RLP (D. Haw. 2015); Grandinetti v. Shimoda, Civ. No. 05-00442 JMS-BMK (D. Haw. 2005); Grandinetti v. Stampfle, Civ. No. 05-

may not proceed without concurrent payment of the filing fees, unless his

pleadings show that he was in imminent danger of serious physical injury at the

time that he brought this action. See Andrews vy. Cervantes,

493 F.3d 1047, 1053, 1055

(9th Cir. 2007). Grandinetti has been notified of this requirement many times. Grandinetti’s pleading is difficult to understand. He complains that he has accrued ten points and is not classified as a medium security inmate. He says that he is too injured to participate in any programs that may be required for parole. He attaches numerous recent medical requests he submitted at SCC. Nothing within the Complaint or its exhibits support a finding that Grandinetti is or was in imminent danger of serious physical injury when he filed this action or that there is a continuing practice that injured him in the past that poses an “ongoing danger.” at 1056. Grandinetti’s pleading also fails to state any coherent claim for relief. .

The Complaint and this action are DISMISSED without prejudice pursuant to

28 U.S.C. §§ 1915

(e)(2) and (g). Any pending motions are DENIED and the October 28, 2019 Deficiency Order is VACATED. The Clerk SHALL TERMINATE this case. The Court will take no further action in this case beyond

00692 HG-LEK (D. Haw. 2005).

processing a notice of appeal. APPROVED AND/SO ORDERED;

IT IS SO ORDERED. a aS cee UNINED STAVES DISTRICT JUDGE DATED: Honolulu, Hawai‘,

Reference

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