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Francis Anthony Grandinetti Ii, ,#A0185087 v. Linda Moga-Riveira

August 8, 2012

FRANCIS ANTHONY GRANDINETTI II, ,#A0185087, PLAINTIFF,
v.
LINDA MOGA-RIVEIRA, JUAN VELASQUEZ, KARLA ESTRADA, RAYNETTE ARCHER, DEFENDANTS.



The opinion of the court was delivered by: Susan Oki Mollway Chief United States District Judge

ORDER DISMISSING COMPLAINT AND ACTION

Plaintiff Francis Grandinetti, II, a Hawaii inmate confined at the Saguaro Correctional Center ("SCC"), located in Eloy, Arizona, has filed a pro se prisoner civil rights action in this court. Grandinetti has neither submitted an in forma pauperis application nor paid the $350 statutory filing fee.

I. "Three Strikes Provision" of 28 U.S.C. § 1915(g)

A prisoner may not bring a civil action or appeal a civil judgment in forma pauperis if: the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.

28 U.S.C. § 1915(g).

"[Section] 1915(g) should be used to deny a prisoner's IFP status only when, after careful evaluation of the order dismissing an action, and other relevant information, the district court determines that the action was dismissed because it was frivolous, malicious or failed to state a claim." Andrews

v. King, 398 F.3d 1113, 1121 (9th Cir. 2005). "In some instances, the district court docket records may be sufficient to show that a prior dismissal satisfies at least one of the criteria under § 1915(g) and therefore counts as a strike." Id. at 1120.

Grandinetti is well acquainted with the federal courts, having filed more than 150 federal civil actions and appeals since as early as 1995. See PACER Case Locator, http://pacer.psc.uscourts.gov. At least three of Plaintiff's prior lawsuits qualify as "strikes" under § 1915(g):

(1) Grandinetti v. U.S. Marshals Serv., 1:00-cv-00489 SOM-KSC (D. Haw. Aug. 1, 2001)(§ 1983 case dismissed for failure to state a claim);

(2) Grandinetti v. Bobby Ross Group Inc., et al., 1:96-cv-00117 (E.D. Tex. Mar. 5, 1999) (§ 1983 case dismissed as frivolous and for failure to state a claim); and

(3) Grandinetti v. Iranon, et al., 1:96-cv-00101 (E.D. Tex. Jan. 26, 1998) (§ 1983 case dismissed as frivolous and for failure to state a claim).*fn1

Therefore, Grandinetti may not bring a civil action without complete prepayment of the $350.00 filing fee unless he is in imminent danger of serious physical injury. 28 U.S.C. § 1915(g).

II. Imminent Danger

A plaintiff who has three or more strikes may not bring a civil action without complete prepayment of the $350.00 filing fee unless he or she is in imminent danger of serious physical injury. 28 U.S.C. ยง 1915(g). To meet the "imminent danger" requirement, the "threat or prison condition [must be] real and proximate," Ciarpaglini v. Saini, 352 F.3d 328, 330 (7th Cir. 2003) (quoting Lewis v. Sullivan, 279 F.3d 526, 531 (7th Cir. ...


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