Zarkowski

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

9 10 MARK ALAN ZARKOWSKI, Case No. 1:25-cv-00063-KES-CDB 11 Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS CERTAIN CLAIMS

12 v. (Doc. 5) 13 COUNTY OF KERN, et al., 14-DAY DEADLINE 14 Defendants. 15 16 This matter is before the Court on the filing by Plaintiff Mark Alan Zarkowski (“Plaintiff”) of a complaint (Doc. 1) on January 14, 2025. Plaintiff, who is proceeding pro se, did not pay the filing fee and instead filed an application to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915. (Doc. 2). The statute authorizes federal courts to screen IFP complaints and dismiss the case if the action is “frivolous or malicious,” “fails to state a claim on which relief may be granted,” or seeks monetary relief against an immune defendant. 28 U.S.C. § 1915(e)(2)(B); see Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (en banc). The Court issued its first screening order on February 11, 2025, having found Plaintiff had sufficiently pled claims of violation of the Fourth Amendment but failed to cognizably allege 26 …