WILLIE BOLDS V. J. CAVAZOS, No. 16-15592 (9th Cir. 2018)

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This opinion or order relates to an opinion or order originally issued on April 21, 2017.

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED JAN 16 2018 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT WILLIE BOLDS, U.S. COURT OF APPEALS No. 16-15592 Plaintiff-Appellant, D.C. No. 1:12-cv-01754-BAM v. MEMORANDUM* J. CAVAZOS, Chief Warden; et al., Defendants-Appellees. Appeal from the United States District Court for the Eastern District of California Barbara McAuliffe, Magistrate Judge, Presiding Submitted April 11, 2017** Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges. California state prisoner Willie Bolds appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging procedural due process violations. 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 * 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). court. Williams v. King, 875 F.3d 500, 502 (9th Cir. 2017). We vacate and remand. Bolds consented to proceed before the magistrate judge. See 28 U.S.C. § 636 (c). The magistrate judge then screened and dismissed Bolds’s action before the named defendants had been served. See 28 U.S.C. §§ 1915A, 1915(e)(2)(B)(ii). Because all parties, including unserved defendants, must consent to proceed before the magistrate judge for jurisdiction to vest, Williams, 875 F.3d at 503-04, we vacate the magistrate judge’s order and remand for further proceedings. VACATED and REMANDED. 2 16-15592

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