United States District Court for the Southern District of Georgia

“ To avoid dismissal for failure to state a claim upon which relief can be granted, the allegations in the complaint must "state a claim for relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007) . "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." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) . That is, " [f] actual allegations must be enough to raise a right to relief above the speculative level." ”

“ This regulation protects prison workers from liability by making recalcitrant prisoners verify in writing that treatment for an illness or injury was offered but rejected by the prisoner. Id. § VI (A) - (B) . The regulation does not empower an inmate to refuse a vaccination that is necessary to prevent the outbreak of a deadly and contagious illness. Id. § VI (B) . In sum, Plaintiff's allegations with respect to Defendants' violations of prison regulations do not constitute a claim for which relief can be granted, and as such his § 1983 claim must be dismissed. ”

“ While Rule 8 (a) of the Federal Rules of Civil Procedure does not require detailed factual allegations, "it demands more than an unadorned, the defendant unlawfully-harmed-me accusation." Iqbal, 556 U.S. at 678. A complaint is insufficient if it "offers 'labels and conclusions' or 'a formulaic recitation of the elements of a cause of action,'" or if it "tenders 'naked assertions' devoid of 'further factual enhancement.'" Id. ”