Opinion
No. 17-15448
06-25-2018
JAMISI JERMAINE CALLOWAY, Plaintiff-Appellant, v. M. D. BITER, Warden; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 1:13-cv-00747-SAB MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Stanley Albert Boone, Magistrate Judge, Presiding Before: RAWLINSON, CLIFTON and NGUYEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Jamisi Jermaine Calloway, a California state prisoner, appeals pro se from the magistrate judge's judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo whether the magistrate judge validly entered judgment on behalf of the district court. Allen v. Meyer, 755 F.3d 866, 867-68 (9th Cir. 2014). We vacate and remand.
Calloway consented to proceed before the magistrate judge. See 28 U.S.C. § 636 (c). The magistrate judge then screened and dismissed Calloway's action before the named defendants had been served. See 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A. Because all parties, including unserved defendants, must consent to proceed before the magistrate judge for jurisdiction to vest, Williams v. King, 875 F.3d 500, 503-04 (9th Cir. 2017), we vacate the magistrate judge's judgment and remand for further proceedings.
VACATED and REMANDED.