Opinion
CIV. NO. 19-00341 JAO-WRP
07-08-2019
FRANCIS GRANDINETTI, #A0185087, Plaintiff, v. U.S. PRESIDENT DONALD J. TRUMP, et al., Defendants.
DISMISSAL ORDER
Before the court is pro se prisoner Francis Grandinetti's most recent pleading, titled "Federal-Injunction Motion; Presidential Emergency Orders and Relief." ECF No. 1. Grandinetti complains about corruption and organized crime in the Hawaii Department of Public Safety, for which he seeks Department of Justice intervention.
Grandinetti has accrued three strikes pursuant to 28 U.S.C. § 1915(g) and may not proceed without prepayment of the complete civil 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). Nothing within Grandinetti's Complaint or his exhibits supports a finding that he 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. Grandinetti may not proceed in forma pauperis in this action. The July 1, 2019 Deficiency Order, ECF No. 2, is VACATED and any request to proceed in forma pauperis in this action is DENIED.
The Complaint and this action are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g). Grandinetti may reassert these claims in a new action with concurrent payment of the full civil filing fee. The Clerk SHALL terminate this case. The Court will take no further action in this case beyond processing a notice of appeal.
IT IS SO ORDERED.
DATED: Honolulu, Hawai'i, July 8, 2019.
/s/ Jill A. Otake
Jill A. Otake
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).