1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY WAYNE PASLEY, JR., Case No. 1:25-cv-00682 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL 13 v. (Docs. 9, 20) 14 PAT HORN, et al., 15 Defendants. 16 17 Larry Wayne Pasley, Jr. is a state prisoner proceeding pro se and in forma pauperis on his 18 Complaint filed pursuant to

. (Doc. 9.) The matter was referred to a United 19 States Magistrate Judge pursuant to

(b)(1)(B) and Local Rule 302. 20 The magistrate judge screened Plaintiff’s Complaint and found it failed to state any 21 cognizable constitutional claim. (Doc. 15.) The magistrate judge advised Plaintiff of the 22 pleading deficiencies and applicable law and afforded Plaintiff the opportunity to (1) file an 23 amended complaint; (2) file a notice to stand on the current Complaint as screened subject to the 24 magistrate judge recommending the district court dismiss the Complaint; or (3) file a notice of 25 voluntary dismissal. (Id. at 9-10.) In response, Plaintiff filed a “Motion to Grant Petition for 26 Statement of Claim.” (Doc. 18.) In this pleading, Plaintiff attached the Complaint screened by 27 the Magisrate Judge and asserted that he “did include sufficient factual allegations to satisfy each 28 element of [his] claim.” (Id. at 5.) Plaintiff made no new allegations, nor did he allege 1 | additional facts to support any of the claims made in the previously screened Complaint. (See 2 | Doc. 18.) 3 The magistrate judge construed Plaintiff's pleading as a Notice to Stand on his Complaint, 4 | and issued findings and recommendations to dismiss the Complaint without prejudice for failure 5 | to state a claim and grant Plaintiff leave to amend. (Doc. 20 at 10.) The Court served the 6 | findings and recommendations on Plaintiff notified him that objections were to be filed within 7 | fourteen days. (/d. at 10-11.) Plaintiff was warned that the “failure to file any objections within 8 | the specified time may result in the waiver of certain rights on appeal.” (/d. at 11 (citing 9 | Wilkerson v. Wheeler,

(9th Cir. 2014)).) Plaintiff did not file any objections 10 | and the deadline to do so has expired. (See docket.) 11 According to

(b)(1)(C), the Court has conducted a de novo review of this 12 | case. Having carefully reviewed the entire file, the Court concludes the findings and 13 || recommendations are supported by the record and by proper analysis. Thus, the Court ORDERS: 14 1. The findings and recommendations, issued October 9, 2025 (Doc. 20), are ADOPTED in 15 full. 16 2. Plaintiff's Complaint (Doc. 9) is DISMISSED for failure to state a claim. 17 3. Plaintiff is granted leave to file an amended complaint within 30 days of this order. 18 4. Plaintiff is warned that failure to timely file an amended complaint will result in dismissal 19 of the action and closure of this case file. 20 IT IS SO ORDERED. 22 | Dated: _November 24, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 23 24 25 26 27 28