Opinion
CIV. NO. 13-00617 SOM/BMK
12-03-2013
FRANCIS A. GRANDINETTI, #A0185087, Plaintiff, v. D. TARTAGLIA, Defendant.
ORDER DENYING MOTION FOR
RECONSIDERATION
ORDER DENYING MOTION FOR RECONSIDERATION
The court dismissed this action on November 20, 2013, finding that Plaintiff had accrued three strikes under 28 U.S.C. § 1915(g), did not show or allege imminent danger of serious injury, and could not proceed without concurrent payment of the filing fee. Order, ECF No. 4. Plaintiff seeks reconsideration under Fed. R. Civ. P. 65. ECF No. 7. In support, Plaintiff submits a Medical Request dated October 11, 2013, an Inmate Request Form dated November 20, 2013, and a urinalysis drug screen result form dated February 20, 2013. See ECF Nos. 7-9.
Plaintiff's documents fail to show that he was in imminent danger of serious physical injury when he commenced this action. Plaintiff therefore fails to (1) "demonstrate reasons why the court should reconsider its prior decision," or (2) "set forth facts or law of a strongly convincing nature to induce the court to reverse its prior decision." Hele Ku KB, LLC v. BAC Home Loans Servicing, LP, 873 F. Supp. 2d 1268, 1289 (D. Haw. 2012). Plaintiff's Motion for Reconsideration is DENIED.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, December 3, 2013.
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Susan Oki Mollway
Chief United States District Judge
Grandinetti v. Tartiglia, 1:13-cv-00617 SOM; J:\Denise's Draft Orders\SOM\Grandinetti 13-617 som (R65).wpd