(PC) Penn v. Warden of Kern Valley State Prison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARLIN PENN, Case No. 1:18-cv-1482-AWI-HBK Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION

TO IDENTIFY WARDEN OF KERN

v. VALLEY STATE PRISON AS CHRISTIAN

PFEIFFER

A. LUCUS; ET. AL., (Doc. No. 34) Defendants. 16 Pending before the Court is Plaintiff’s motion to identify the Defendant Warden of Kern Valley State Prison, filed January 18, 2022. (Doc. No. 34). Plaintiff seeks to identify the defendant named as the “Warden of Kern Valley State Prison” as Christian Pfeiffer. (Id. at 1). A review of Defendant’s answer indicates, Defendant identified the Warden by Christian Pfeiffer. (Doc. No. 30 at 2, ¶ 4). The Court liberally construes the motion as brought under Fed. R. Civ. P. 15. See Miles v. Dep’t of Army, 991 F.2d 777, 781-82 (9th Cir. 1989) (discussing amendment of the complaint to name proper defendant). Under Rule 15(a)(1), a plaintiff may amend his complaint once, as of right, at any time prior…