Pfeiffer

I. INTRODUCTION

12 Plaintiff Celina Muniz brings this lawsuit raising federal and state law claims for the death of her

13 son, Daniel Muniz, while he was incarcerated at Kern Valley State Prison (“KVSP”). First Amended

14 Complaint, ECF No. 10 ¶¶ 2, 5. Ms. Muniz initiated this action individually and as the successor-in-

15 interest of Mr. Muniz’s estate (collectively “Plaintiffs”). ECF No. 10 ¶ 2. On around March 24, 2018,

16 Mr. Muniz was attacked by his cellmate and later died from his injuries. Id. ¶¶ 20-22. Plaintiffs raise

17 claims against the Warden of KVSP, Christian Pfeiffer, individually and in his official capacity, and

18 against Secretary of the California Department of Corrections and Rehabilitation (“CDCR”) Ralph Diaz

19 in his official capacity (collectively “Defendants”). ECF No. 10, ¶¶ 6-7.

20 In the First Amended Complaint (“FAC”), Plaintiffs assert five causes of action. ECF No. 10.

22 1 Although not identified in the caption in the First Amended Complaint, Plaintiffs also purport to sue 23 unknown CDCR officers in their individual and official capacities (the “Doe Defendants”). ECF No. 10 24 ¶ 8. 25 under the same. ECF No. 10, ¶¶ 57-69,…