Kaprielian v. Stringer et al

Filing 4

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [ECF No. 2] is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court is directed to serve process on the complaint in accordance with the Courts agreement with the State of Missouri Department of Health Employees. Signed by District Judge Carol E. Jackson on 10/22/2015. (KMS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RODNEY A. KAPRIELIAN,

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Plaintiff,
v.
MARK STRINGER, et al.,
Defendants.

No. 4:15CV1598 CEU

MEMORANDUM AND ORDER
Plaintiff brings this action pursuant to 42 U.S.C. § 1983. Before the Court is his motion
for leave to proceed in forma pauperis.
Under 28 U.S.C. § 1915(e), a court is required to dismiss a complaint filed in forma
pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted.
To state a claim for relief under § 1983, a complaint must plead more than “legal conclusions”
and “[t]hreadbare recitals of the elements of a cause of action [that are] supported by mere
conclusory statements.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

A plaintiff must

demonstrate a plausible claim for relief, which is more than a “mere possibility of misconduct.”
Id. at 679. “A claim has facial plausibility when the plaintiff pleads factual content that allows
the court to draw the reasonable inference that the defendant is liable for the misconduct
alleged.” Id. at 678. Determining whether a complaint states a plausible claim for relief [is] a
context-specific task that requires the reviewing court to draw on its judicial experience and
common sense. Id. at 679.

Plaintiff is a resident at Missouri’s Sex Offender Rehabilitation and Treatment Services
in Farmington, Missouri.

Defendants are officials there.

Plaintiff is a male-to-female

transgendered person. He alleges that he has not been provided with proper psychological
medical and psychiatric treatment. He also alleges that he has been subjected to gender-based
discrimination; physical, emotional, and psychological abuse; and different, more onerous
standards of release.
The Court finds that the allegations state a plausible claim for relief. Therefore, the clerk
will be directed to serve process on the complaint.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis [ECF
No. 2] is GRANTED.
IT IS FURTHER ORDERED that the Clerk of Court is directed to serve process on the
complaint in accordance with the Court’s agreement with the State of Missouri – Department of
Health Employees.
Dated this 22nd day of October, 2015.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE

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