Kawczynski v. United States

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

CHARLESTON DIVISION

ASHLEY KAWCZYNSKI,

Petitioner,

v. CIVIL ACTION NO. 2:25-cv-00024 (Criminal No. 2:22-cr-00160)

UNITED STATES OF AMERICA,

Respondent.

ORDER

Before the Court is Petitioner Ashley Kawczynski’s (“Petitioner”) Motion to Vacate, Set Aside, or Correct Sentence. (ECF No. 120). By standing order, this matter was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of proposed findings of fact and recommendations for disposition (“PF&R”). (ECF No. 121.) On July 22, 2025, Magistrate Judge Aboulhosn filed his PF&R recommending Petitioner’s motion be dismissed. (ECF No. 127.) This Court is not required to review, de novo or under any other standard, factual or legal conclusions contained within the PF&R to which no objections were addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file timely objections constitutes a waiver of de novo review and Plaintiff’s right to appeal this Court’s order. 28 U.S.C. § 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). In addition, this Court need not conduct a de novo review when a party “makes general and conclusory objections that do not direct the Court to a specific error in the magistrate’s proposed findings and recommendations.” Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982). Objections to the PF&R in this case were due on August 8, 2025. (ECF No. 127.) To date, Petitioner has not filed any objections, thereby waiving de novo review of Magistrate Judge Aboulhosn’s PF&R. Accordingly, this court ADOPTS the PF&R, (ECF No. 127), and DISMISSES Petitioner’s motion, (ECF No. 120.) The Court further DIRECTS the Clerk to REMOVE this case from the active docket. IT IS SO ORDERED. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: September 9, 2025

& UNITED STATES DISTRICT JUDGE