United States District Court for the Middle District of Florida

“ In addition, a mere simple difference in medical opinion between the prison's medical staff and the inmate as to the proper course of treatment also does not support a claim of cruel and unusual punishment. ”

“ Plaintiff's allegation that Nurse Maria was "unprofessional" for insisting that he receive a tuberculosis vaccination, despite his claim that he had tested positive for tuberculosis thirty-five years ago, is simply not a constitutional violation. ”

“ Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that --- (A) the allegation of poverty is untrue; or (B) the action or appeal— (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915 (e) (2) .
A complaint is frivolous under § 1915 (e) "where it lacks an arguable basis either in law or in fact." ”