Opinion
Case No. 1:13-CV-290
03-05-2014
ROBERT SHERMAN NIX, III, Plaintiff, v. STATE OF TENNESSEE, and ROBERT E. COOPER, JR. Defendant.
Judge Curtis L. Collier
JUDGMENT ORDER
Pro se Plaintiff Robert Sherman Nix, III ("Plaintiff") filed a complaint against Defendants State of Tennessee and Robert E. Cooper, Jr. ("Defendants") (Court File No. 2) as well as a motion to proceed in forma pauperis ("IFP") (Court File No. 1). Magistrate Judge William B. Mitchell Carter filed a report and recommendation ("R&R") concluding that Plaintiff had failed to state a claim upon which relief could be granted (Court File No. 3). The magistrate judge determined that Plaintiff's complaint "appears to argue that Tenn. Code Ann. § 63-6-205 is unconstitutional because it prohibits the practice of naturopathy in Tennessee, but the basis for this alleged unconstitutionality is not sufficiently stated" (id.). The magistrate judge cited Davis v. Beeler, which holds that the state may regulate practitioners of the healing arts, including naturopathy, without violating the Constitution. 207 S.W.2d 343 (Tenn. Ct. App. 1947)
Plaintiff has not filed an objection to the R&R within the allotted time. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's R&R (Court File No. 3) pursuant to 28 U.S.C. § 636(b)(1), DENIES Plaintiff's IFP motion (Court File No. 1), and DIRECTS the Clerk of Court to CLOSE the case.
SO ORDERED.
ENTER:
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CURTIS L. COLLIER
UNITED STATES DISTRICT JUDGE
ENTERED AS A JUDGMENT
Debra C. Poplin
CLERK OF COURT