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Grandinetti v. State HPA

United States District Court, D. Hawaii

November 16, 2018

FRANCIS GRANDINETTI, #A0185087, Plaintiff,
v.
STATE HPA,, et al., Defendants.

          ORDER VACATING JUDGMENT; DENYING IN FORMA PAUPERIS APPLICATION AND MOTION FOR ENLARGEMENT OF TIME; AND DISMISSING ACTION

          Leslie E. Kobayashi United States District Judge.

         Before the court is pro se Plaintiff Francis Grandinetti's (1) Motion for an Enlargement of Time; (2) Application to Proceed In Forma Pauperis By A Prisoner (IFP Application); and (3) Notice of Appeal (NOA). See ECF Nos. 6-8. Grandinetti is a Hawaii state prisoner incarcerated at the Saguaro Correctional Center (“SCC”) in Eloy, Arizona. He seeks relief under 28 U.S.C. §§ 2241, 2254, 1915(g) and the Federal Rules of Civil Procedure.[1]

         For the following reasons, the November 7, 2018 Dismissal Order and judgment are VACATED. To the extent Grandinetti brings this action as a Petition for Writ of Habeas Corpus, it is DENIED, as is any request for a certificate of appealability. To the extent Grandinetti's pleading is meant as a civil rights Complaint, it is DISMISSED with prejudice. Grandinetti's Motion for Enlargement of Time and IFP Application are DENIED.

         I. BACKGROUND

         Grandinetti filed this action on October 1, 2018. ECF No. 1. He claims that he received notice of a parole hearing from the Hawaii Paroling Authority (HPA) to be held at SCC between September and November 2018. Grandinetti says that he is too injured to accept the notice or attend a parole hearing, however. He attaches six pages of exhibits to his pleading, including a medical request demanding “‘Medical Parole' only, ” a consent to release his mental health evaluations to the HPA, a medical examination report dated September 29, 1988, and a blank HPA notice of hearing and parole plan. Id., PageID #2-6.

         On October 3, 2018, the court issued a Deficiency Order, directing Grandinetti to submit an IFP Application or the filing fee within twenty-eight days, or on or before October 31, 2018. Ord., ECF No. 2.

         On October 9, 2018, Grandinetti filed a second action, Grandinetti v. State HPA, No. 1:18-cv-00388-JMS-KJM (D. Haw.), asserting similar claims to those asserted herein. That action was docketed as a petition for writ of habeas corpus. The court issued a Deficiency Order. ECF No. 2.

         On October 16, 2018, Grandinetti filed a prisoner civil rights action, Grandinetti v. Hegmann, No. 1:18-cv-00396-DKW-RLP (D. Haw.). It is unclear what claims for relief Grandinetti asserts in this suit. The court again issued a Deficiency Order. ECF Nos. 1, 2.

         On October 29, 2018, Grandinetti filed a document in No. 1:18-cv-00388, complaining that SCC staff had withheld a letter to him from the Ombudsman for several days. ECF No. 3 (dated Oct. 23, 2018).

         On November 6, 2018, Grandinetti filed a “Motion, Delayed or Hidden USPS Mail, ” in the present case. ECF No. 3 (accepted for mailing on Oct. 31, 2018). Grandinetti alleged that his mail had been withheld for three weeks in October, although exhibits to the Motion show that five of his outgoing letters were mailed on or before October 25, 2018. Id., PageID #13. He also complained that eleven incoming letters were “missing/lost/stolen.”[2]

         On November 7, 2018, this Court dismissed this action for Grandinetti's failure to timely comply with the October 3, 2018 Deficiency Order, despite evidence in the court's records showing that he was sending and receiving mail during the relevant time period. See Entering Order, ECF No. 4. Later that day, Grandinetti filed a Motion for Enlargement of Time, seeking an extension of time to pay or file an IFP Application. ECF No. 6 (accepted for mailing on Oct. 31, 2018). He claimed that Defendants hid his incoming mail between September 23 and October 23, 2018.

         On November 8, 2018, Grandinetti filed an IFP Application, ECF No. 7 (accepted for mailing on Oct. 31, 2018), and a premature NOA, ECF No. 8 (accepted for mailing on Nov. 1, 2018).[3]

         II. PRISON MAILBOX RULE

         Under the “mailbox rule, ” a pleading filed by a pro se prisoner is deemed filed on the date the prisoner delivered it to prison authorities for mailing, not the date on which the pleading is received or filed by the court. Houston v. Lack, 487 U.S. 266, 270 (1988); see also Douglas v. Noelle, 567 F.3d 1103, 1107 (9th Cir. 2009) (“[T]he Houston mailbox rule applies to § 1983 suits filed by pro se prisoners.”); Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010) (“When a prisoner gives prison authorities a ...


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