UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TODD GARDNER, Plaintiff, File no: 1:23-cv-34 v. HON. ROBERT J. JONKER CAPITAL ONE, Defendant. / ORDER APPROVING MAGISTRATE'S REPORT AND RECOMMENDATION The Court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action on February 6, 2023 (ECF No. 7). The Report and Recommendation was duly served on the parties. No objections have been filed under 28 U.S.C. '636(b)(1)(C). ACCORDINGLY, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge (ECF No. 7) is approved and adopted as the opinion of the Court. IT IS FURTHER ORDERED that Plaintiff’s complaint is dismissed pursuant to

(e)(2)(B)(ii). IT IS FURTHER ORDERED that this matter is TERMINATED. The Court discerns no good-faith basis for appeal of this matter. See McGore v. Wrigglesworth,

(6th Cir. 1997); 28 U.S.C. ' 1915(a)(3). Dated: February 28, 2023 /s/ Robert J. Jonker ROBERT J. JONKER UNITED STATES DISTRICT JUDGE