Opinion
CIV. NO. 20-00190 DKW-WRP
04-30-2020
FRANCIS GRANDINETTI, #A0185087, Plaintiff, v. WALTER J. RODBY, et al., Defendants.
DISMISSAL ORDER
Before the court is pro se prisoner Francis Grandinetti's Complaint and exhibits. Grandinetti complains about the recent and past appointments of counsel in his state criminal proceedings in State v. Grandinetti, CR. No. 3PC930000141 (Haw. 3d Cir. Ct.).
Grandinetti has accrued three strikes pursuant to 28 U.S.C. § 1915(g), and may not proceed without prepayment of the filing fee unless his pleadings show that he was in imminent danger of serious physical injury at the time that he brought this action. See Andrews v. Cervantes, 493 F.3d 1047, 1053, 1055 (9th Cir. 2007). The record does not 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." Id. at 1056. Rather, the record shows that Defendant Walter J. Rodby, Esq., was recently appointed to represent Grandinetti in his reopened 1993 criminal case, which is now on direct appeal. If Grandinetti opposes this appointment of counsel, he must do so in the Circuit Court for the Third Circuit, State of Hawaii.
Grandinetti's informal request to proceed in forma pauperis, see Compl., ECF No. 1 at 27, is DENIED and this action is DISMISSED without prejudice. This decision does not prevent Grandinetti from raising his claims in a new action with concurrent payment of the civil filing fee. The Clerk is DIRECTED to terminate this case. The Court will take no action on documents filed herein beyond processing a notice of appeal.
IT IS SO ORDERED.
DATED: Honolulu, Hawai'i, April 30, 2020.
/s/ Derrick K. Watson
Derrick K. Watson
United States District Judge
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. 05-00692 HG-LEK (D. Haw. 2005).