Mitchell v. Capital One, N.A.

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOSHUA MITCHELL,
Plaintiff,
v.
CAPITAL ONE, N.A.,
Defendant.
_______________________/
Case No. 1:25-cv-1347
HON. JANE M. BECKERING
ORDER
This is a civil action filed by a pro se litigant. The matter was referred to the Magistrate
Judge, who issued a Report and Recommendation (ECF No. 6) on November 6, 2025,
recommending that the Court dismiss this matter without prejudice for lack of subject matter
jurisdiction or, alternatively, for failure to state a claim, and recommending that an appeal would
not be taken in good faith. The Report and Recommendation was duly served on Plaintiff.1 No
objections have been filed. See 28 U.S.C. § 636(b)(1). Accordingly:
IT IS HEREBY ORDERED that the Report and Recommendation (ECF. No. 6) is
APPROVED and ADOPTED as the Opinion of the Court, and this matter is DISMISSED for lack
of subject matter jurisdiction, or alternatively, for failure to state a claim.
IT IS FURTHER ORDERED that this Court certifies pursuant to 28 U.S.C. § 1915(a)(3)
that an appeal of the Judgment would not be taken in good faith.
A Judgment will be entered consistent with this Order.
Dated: December 1, 2025 	/s/ Jane M. Beckering
JANE M. BECKERING
United States District Judge
1 Plaintiff is the only party that has appeared in the case at this time.
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