Opinion
No. 4:15CV1598 CEU
10-22-2015
RODNEY A. KAPRIELIAN, Plaintiff, v. MARK STRINGER, et al., Defendants.
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.
/s/_________
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE