JAN VAN DUSEN V. CATHERINE PURCELL, No. 16-16983 (9th Cir. 2018)

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FILED NOT FOR PUBLICATION FEB 22 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JAN VAN DUSEN, U.S. COURT OF APPEALS No. 16-16983 Plaintiff-Appellant, D.C. No. 3:16-cv-04976-LB v. MEMORANDUM* CATHERINE D. PURCELL, Presiding Judge of the State Bar Court, San Francisco; et al., Defendants-Appellees. Appeal from the United States District Court for the Northern District of California Laurel D. Beeler, Magistrate Judge, Presiding Submitted February 13, 2018** Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges. Jan Van Dusen, an attorney, appeals pro se from the magistrate judge’s order dismissing her 42 U.S.C. § 1983 action alleging constitutional claims arising out of her interim suspension from the practice of law in the State of California. We have * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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. Van Dusen consented to proceed before the magistrate judge. See 28 U.S.C. § 636(c). The magistrate judge then screened and dismissed Van Dusen’s action before the named defendants had been served. See 28 U.S.C. § 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, 50304 (9th Cir. 2017), we vacate the magistrate judge’s order and remand for further proceedings. VACATED and REMANDED. 2 16-16983

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