Graham v. Pa. Dep't of Health Div. of Vital Records

Full title: ZACHARY R. GRAHAM, Plaintiff, v. PENNSYLVANIA DEPARTMENT OF HEALTH…

Court: United States District Court, W.D. Pennsylvania

Date published: Apr 20, 2022

Civil Action 21-846 (W.D. Pa. Apr. 20, 2022)

Opinion

Civil Action 21-846

04-20-2022

ZACHARY R. GRAHAM, Plaintiff, v. PENNSYLVANIA DEPARTMENT OF HEALTH DIVISION OF VITAL RECORDS, Defendant.

ARTHUR J. SCHWAB UNITED STATES DISTRICT JUDGE

Maureen P. Kelly Magistrate Judge

MEMORANDUM ORDER

ARTHUR J. SCHWAB UNITED STATES DISTRICT JUDGE

Plaintiff Zachary R. Graham (“Plaintiff”) is a state prisoner currently incarcerated at the State Correctional Institution at Greene (“SCI-Greene”) in Waynesburg, Pennsylvania.¹ Plaintiff initiated this matter by submitting a Motion and Declaration in Support of Motion to Proceed in Forma Pauperis (“IFP”) and Complaint, which were received by this Court on July 1, 2021. ECF No. 1. The IFP motion was granted July 8, 2021, ECF No. 3, and the Complaint was filed on July 11, 2021, ECF No. 5.

1 Plaintiff has requested to be referred to using feminine pronouns and appellations. ECF No. 6. As a matter of courtesy, this Court shall do so. ECF No. 7. United States Magistrate Judge cc: The Honorable Maureen P. Kelly

In the Complaint, Plaintiff raises claims under the Civil Rights Act of 1871, 42 U.S.C. § 1983, Title II of the Americans with Disability Act (“ADA”), 42 U.S.C. § 12132, and the Rehabilitation Act (“RA”), 29 U.S.C. § 794(a), in relation to her attempts to change the gender marker on her birth certificate from “male” to “female.” ECF No. 5 at 7.

On July 16, 2021, United States Magistrate Judge Maureen Kelly issued a Report and Recommendation recommending that Plaintiff's claims be dismissed, sua sponte, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii) as frivolous or malicious, and for failure to state a claim upon which relief may be granted. ECF No. 8 at 1. The Magistrate Judge additionally recommended that Plaintiff be granted leave to amend her claims under the ADA and RA, as well as her Fourteenth Amendment claim. Id. Petitioner timely filed Objections on July 30, 2021. ECF No. 11.

After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, ECF No. 8, and Plaintiff's Objections thereto, ECF No. 11, the following Order is entered:

AND NOW, this 21^st day of April, 2022, IT IS HEREBY ORDERED that the Complaint, ECF No. 5, is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). Plaintiff may file an amended complaint with respect to her claims arising under the ADA and RA, as well as her the Fourteenth Amendment Equal Protection claim. An amended complaint is due on or before May 18, 2022. Failure to file an amended complaint by that date may result in dismissal of this case.

IT IS FURTHER ORDERED that Plaintiff's Objections, ECF No. 11, are OVERRULED and DISMISSED.

IT IS FURTHER ORDERED that the Magistrate Judge's Report and Recommendation, ECF No. 8, as it is supplemented by this order, is adopted as the opinion of this Court.