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Marlow v. The Tennesee Supreme Court

United States District Court, M.D. Tennessee, Nashville Division

September 10, 2014

ROBERT BENTLEY MARLOW, Plaintiff,
v.
THE TENNESEE SUPREME COURT, et al. Defendants.

ORDER

KEVIN H. SHARP, District Judge.

Pending before the Court is a Report and Recommendation ("R & R") of the Magistrate Judge, recommending that Defendant National Conference of Bar Examiners' Motion to Dismiss Plaintiffs' [sic] Amended Complaint and the Motion to Dismiss Amended Complaint against Defendants Clark, Holder, Koch, Lee, Wade, Anderson, Miller, Bibb, McGinness, Jr., Moses, Wilkins, Gatrell, Rice, Copeland and Watts (Docket Entry Nos. 39 and 41) be granted and the case be dismissed with prejudice. Plaintiff made a timely objection to the R & R. (Docket Entry No. 60).

Having thoroughly reviewed the record in this case and the applicable law in accordance with Rule 72(b), the Court will accept the R & R.

Accordingly, the Court hereby rules as follows:

(1) The Report and Recommendation (Docket Entry No. 56) is hereby ACCEPTED and APPROVED;

(2) Defendant National Conference of Bar Examiners' Motion to Dismiss Plaintiffs' [sic] Amended Complaint (Docket Entry No. 39) is hereby GRANTED;

(3) The Motion to Dismiss Amended Complaint against Defendants Clark, Holder, Koch, Lee, Wade, Anderson, Miller, Bibb, McGinness, Jr., Moses, Wilkins, Gatrell, Rice, Copeland and Watts (Docket Entry No. 41) is hereby GRANTED;

(4) The Motion to Compel Disclosure of Information and to Provide Identification of Person(s) Providing Information to Defendants Related to Plaintiff's Character and Fitness and the Emergency Petition for Temporary Restraining Order against all Defendants and Motion to Compel Production and Inspection (Docket Entry Nos. 67 and 68) are hereby DENIED as moot;

(5) This case is hereby DISMISSED WITH PREJUDICE; and

(6) Any appeal shall be certified under 28 U.S.C. ยง 1915(a) as taken in good faith.

The Clerk is directed to enter Judgment in a separate document in accordance with Federal Rule of Civil Procedure 58.

It is SO ORDERED.


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