UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

ASHLEY GARDNER,

Plaintiff, Case No. 1:23-cv-33 v. HONORABLE PAUL L. MALONEY CAPITAL ONE,

Defendant. ____________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

Plaintiff initiated this lawsuit by filing a complaint on January 9, 2023. On January 23, 2023, the Magistrate Judge issued a Report and Recommendation, recommending that the action be dismissed upon initial review pursuant to

(e)(2). The Report and Recommendation was duly served on the parties. No objections have been filed. See

(b)(1). Therefore, IT IS HEREBY ORDERED that the Report and Recommendation (ECF. No. 6) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Complaint is DISMISSED for the reasons stated in the Report and Recommendation. IT IS FURTHER ORDERED that this Court certifies pursuant to

(a)(3) that an appeal of this decision would not be taken in good faith. See McGore v. Wrigglesworth,

(6th Cir. 1997), overruled on other grounds by Jones v. Bock,

(2007). Should Plaintiff appeal this decision, the Court will assess the $505.00 appellate filing fee pursuant to § 1915(b)(1). A Judgment will be entered consistent with this Order.

Dated: February 23, 2023 /s/ Paul L. Maloney Paul L. Maloney United States District Judge