Opinion
No. 17-15705
02-23-2018
NORMAN GERALD DANIELS III, Plaintiff-Appellant, v. STU SHERMAN, Warden, Defendant-Appellee.
NOT FOR PUBLICATION
D.C. No. 1:16-cv-01312-EPG MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Erica P. Grosjean, Magistrate Judge, Presiding Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
California state prisoner Norman Gerald Daniels III appeals pro se from the magistrate judge's order dismissing his 42 U.S.C. § 1983 action alleging claims related to his legal blindness. 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.
Daniels consented to proceed before the magistrate judge. See 28 U.S.C. § 636(c). The magistrate judge then screened and dismissed Daniels's action before the named defendant had been served. See 28 U.S.C. §§ 1915A(b)(1), 1915(e)(2)(B)(ii). 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 order and remand for further proceedings.
VACATED and REMANDED.