Grandinetti v. Hatakeyama et al
| Francis Grandinetti |
| Max N. Otani, Dr. Maura Tresch, Dept. Public Safety-HI, P.A. Lisa Oyama, Tommy Johnson, Dr. Caroline Mee, Dr. Deane Hatakeyama, Dr. Austin Whiting, Dr. Ravi, Tina Agaran, State of Hawaii and Dr. Mau |
| Shelley Harrington and Laurie Nadamoto |
| 1:2021cv00157 |
| March 23, 2021 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| WES REBER PORTER |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 7 USCA Case Number 21-15726 for #4 Notice of Appeal filed by Francis Grandinetti: This appeal is subject to a pre-filing review order entered in case number 06-80108. The appeal will be reviewed by the Court to determine whether it will be permitted to proceed. Do not file a brief until/unless directed by the Court to do so. Briefing schedule will be set by future court order only if the Court determines that the appeal should be allowed to proceed. (emt, )COURT'S CERTIFICATE of Service - Francis Grandinetti, II served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on April 26, 2021. A file stamped copy of the Consolidated Notice of Appeal, ECF No. #6 was included in the mailing. |
| Filing 6 Subsequent NOTICE OF APPEAL re #2 , #3 - by Francis Grandinetti. Filing fee $ DUE. (Attachments: #1 Mailing Documentation)(emt, ) |
| Filing 5 Proof of Service re #2 Dismissal Order - by Francis Grandinetti. (Attachments: #1 Mailing Documentation)(emt, ) |
| Filing 4 Preliminary Injunction NOTICE OF APPEAL re #2 , #3 - by Francis Grandinetti. Filing fee $ DUE. USCA NO. 21-15726. (Attachments: #1 Mailing Documentation)(emt, ) Modified on 4/26/2021 (emt, ). |
| Filing 3 CLERK'S JUDGMENT entered on 3/24/2021 pursuant to ECF No. #2 DISMISSAL ORDER. (emt, )COURT'S CERTIFICATE of Service - Francis Grandinetti served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 24, 2021. |
Filing 2
DISMISSAL ORDER re #1 - Signed by JUDGE LESLIE E. KOBAYASHI on 3/24/2021. The Court construes Grandinetti's filing of this action without paying the civil filing fee as an informal request to proceed in forma pauperis. So construed, the request is DENIED, and this action is DISMISSED without prejudice. See Young v. Peterson, 548 F. App'x 479, 480 (9th Cir. 2013) (affirming denial of application to proceed in forma pauperis because plaintiff "failed to allege sufficient facts to show that he was under an imminent danger of serious physical injury when he lodged his complaint" (citations omitted)); Reberger v. Baker, 657 F. Appx 681, 684 (9th Cir. 2016) ("[Plaintiff's] allegations... are too vague and speculative to invoke the exception to the three-strikes rule."). This 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. (emt, )COURT'S CERTIFICATE of Service - Francis Grandinetti served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 24, 2021.
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| Filing 1 Federal COMPLAINT and Fed.R.Civ.P. 65 TRO Motion against All Defendants - filed by Francis Grandinetti. (Attachments: #1 Mailing Documentation)(emt, ) |
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