Kakowski

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Brian KAKOWSKI, Case No.: 24-cv-1314-AGS-BLM

CDCR #BF-3315,

ORDER:

Plaintiff, 5 vs. (1) DISMISSING IN PART SECOND

AMENDED COMPLAINT (ECF 13);

AND Correctional Sergeant GONZALES, et al.,

Defendants. (2) DIRECTING U.S. MARSHAL TO EFFECT SERVICE 10 11 On January 22, 2025, the Court dismissed plaintiff Brian Kakowski’s first amended complaint with leave to amend. (ECF 12.) Although the first amended complaint stated a retaliation claim against defendants Gonzalez and Torres, it failed to state a claim against the remaining defendants—defendant Moore and four others—for retaliation, due process, or access to the courts. (Id. at 5–8.) Kakowski has now filed a second amended complaint naming only Gonzales, Torres, and Moore as defendants. (ECF 13.) Once again, only the retaliation claim against Gonzales and Torres survives screening, and Kakowski is entitled to have the U.S. Marshal effect…