Kaprielian v. Southeast Missouri Mental Health Center, Sexual Offender Rehabilitation and Treatment Services (SORTS) et al

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 2] is granted. IT IS FURTHER ORDERED that plaintiff may file an amended complaint within thirty (30) days of the date of this Memorandum and Order. If no amended complaint is filed by the deadline, this action will be dismissed without further notice to plaintiff. Signed by District Judge Carol E. Jackson on 9/12/2014. (KMS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RODNEY A. KAPRIELIAN,
a/k/a Misha Kaprielian,
Plaintiff,
v.
SOUTHEAST MISSOURI MENTAL
HEALTH CENTER, SEXUAL OFFENDER
REHABILITATION AND TREATMENT
SERVICES (SORTS), et al.,
Defendants.

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No. 4:14CV1548 CEJ

MEMORANDUM AND ORDER
Plaintiff, a civilly committed resident at the Southeast Missouri Mental Health Center,
sues defendants for allegedly creating a hostile environment because he is a transgendered
person. Plaintiff moves to proceed in forma pauperis, and the Court will grant the motion. After
carefully reviewing the complaint, the Court finds that it fails to state a claim upon which relief
can be granted. Rather than dismissing the complaint at this time, however, the Court will allow
plaintiff to file an amended complaint.
28 U.S.C. § 1915(e)
Pursuant to 28 U.S.C. ' 1915(e)(2)(B), the Court must dismiss a complaint filed in forma
pauperis if the action is frivolous, malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief from a defendant who is immune from such relief. An action is
frivolous if it Alacks an arguable basis in either law or fact.@ Neitzke v. Williams, 490 U.S. 319,
328 (1989); Denton v. Hernandez, 504 U.S. 25, 31 (1992). An action is malicious if it is
undertaken for the purpose of harassing the named defendants and not for the purpose of
vindicating a cognizable right. Spencer v. Rhodes, 656 F. Supp. 458, 461-63 (E.D.N.C. 1987),

aff=d 826 F.2d 1059 (4th Cir. 1987). A complaint fails to state a claim if it does not plead
Aenough facts to state a claim to relief that is plausible on its face.@ Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 570 (2007).
The Complaint
Plaintiff alleges that defendants, who are current or former officials for Missouri’s Sexual
Offender Rehabilitation and Treatment Services (“SORTS”), subjected him to a dangerous
environment by placing him in open housing where the other residents were hostile to his
transgender identity. Plaintiff further alleges that the officials have subjected him to false
conduct violations because of his identity.
Discussion
Plaintiff does not state a basis for this Court’s jurisdiction. In order to bring this action in
federal court, plaintiff must identify a federal law or constitutional provision that defendants
have violated. 28 U.S.C. § 1331. Additionally, plaintiff does not state how each individual
defendant violated his rights. It is not sufficient to allege that “defendants” subjected plaintiff to
possible harm. Plaintiff must connect each defendant individually to each instance of harm.
Because plaintiff is proceeding pro se, the Court will allow plaintiff to file an amended
complaint. Plaintiff shall have thirty days from the date of this Order to file an amended
complaint. Plaintiff is warned that the filing of an amended complaint replaces the original
complaint, and claims that are not realleged are deemed abandoned. E.g., In re Wireless
Telephone Federal Cost Recovery Fees Litigation, 396 F.3d 922, 928 (8th Cir. 2005). In the
amended complaint, plaintiff must state the basis for this Court’s jurisdiction. If plaintiff fails to
file an amended complaint within thirty days, the Court will dismiss this action without
prejudice.
Accordingly,

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IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF
No. 2] is granted.
IT IS FURTHER ORDERED that plaintiff may file an amended complaint within thirty
(30) days of the date of this Memorandum and Order. If no amended complaint is filed by the
deadline, this action will be dismissed without further notice to plaintiff.

Dated this 12th day of September, 2014.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE

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