Opinion
No. CV 07-0821-PHX-MHM (BPV).
May 3, 2007
ORDER
Plaintiff Francis Grandinette (aka Francis Grandinetti), who is confined in the Tallahatchie County Correctional Facility, a Corrections Corporation of America facility in Tutwiler, Mississippi, filed a pro se civil rights Complaint in this District alleging violations of constitutional and other rights. (Doc.# 1.) Plaintiff has not paid the $350.00 filing fee or filed an Application to Proceed In Forma Pauperis by a Prisoner Civil (Non-Habeas). Because Plaintiff has at least "three strikes" under 28 U.S.C. § 1915(g), the Court will dismiss the action.
"Doc.#" refers to the docket number of documents filed in this action.
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).
Because § 1915(g) is a procedural rule that does not raise retroactivity concerns, cases which were dismissed before the effective date of § 1915(g) — April 26, 1996 — may be counted as qualifying dismissals or "strikes." Tierney v. Kupers, 128 F.3d 1310, 1311-12 (9th Cir. 1997). A prisoner barred from proceeding in forma pauperis pursuant to § 1915(g) may proceed "under the fee provisions of 28 U.S.C. §§ 1911-14 applicable to everyone else." Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996).
II. Prior Dismissals
III. Failure to Allege Imminent Danger of Serious Physical Injury
Andrews v. King398 F.3d 11131121Id See Grandinetti v. Iranon Grandinetti v. Iranon Grandinetti v. Bobby Ross Group, Inc. see also Grandinetti v. Luna only if imminent28 U.S.C. § 1915 28 U.S.C. § 1915 IT IS ORDERED
Plaintiff has filed or been a party to numerous other actions in federal courts around the country. See Grandinetti v. Texas, No. A-07-CA-200-LY, 2007 WL 869592 at * 1, n. 1 and 2 (W.D. Tex. Mar. 22, 2007); Grandinetti v. Bauman, No. CIV 07-00089 ACK/LEK, 2007 WL 676012 (D. Haw. Feb. 28, 2007) (noting prior dismissals as frivolous); Grandinette v. Bush, No. 06-2052, 2006 WL 1658009 (W.D. Ark. June 14, 2006) (same); Grandinetti v. T-Hop, No. 2:06CV304-MHT, 2006 WL 1476029 (M.D. Ala. May 24, 2006) (same);Dela Cruz v. CCA/TCCF, No. 06-00184 JMS-KSC, 2006 WL 939008 (D. Haw. Apr. 7, 2006) (same); Grandinetti v. Ariyoshi, No. 06-00146 JMS-LEK, 2006 WL 695118 (D. Haw. Mar. 15, 2006) (same);Kalanineki v. Gillmor, No. 06-00084 ACK-LEK, 2006 WL 335598 at *1, n. 2 (D. Haw. Feb. 10, 2006) (same).
Even if Plaintiff pre-pays the filing fee, an action based on the allegations in the current Complaint would be subject to dismissal, or transfer, for improper venue.
(1) Plaintiff's Complaint (doc.# 1) and this action are dismissed pursuant to 28 U.S.C. § 1915(g) without prejudice to Plaintiff filing a complaint in a new case accompanied by the full $350.00 filing fee.
(2) The Clerk of Court must enter judgment of dismissal, without prejudice, of this action.