CHRISTOPHER LIPSEY V. SATF PRISONS AD-SEG PROPERTY O, No. 17-16116 (9th Cir. 2018)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED APR 16 2018 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT CHRISTOPHER LIPSEY, No. Plaintiff-Appellant, U.S. COURT OF APPEALS 17-16116 D.C. No. 1:15-cv-00691-SKO v. MEMORANDUM* SATF PRISONS AD-SEG PROPERTY OFFICERS; et al., Defendants-Appellees. Appeal from the United States District Court for the Eastern District of California Sheila K. Oberto, Magistrate Judge, Presiding Submitted April 11, 2018** Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges. California state prisoner Christopher Lipsey appeals pro se from the magistrate judge’s order dismissing his 42 U.S.C. § 1983 action alleging various constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. We review de novo whether the magistrate judge validly entered judgment on behalf of * 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). the district court. Allen v. Meyer, 755 F.3d 866, 867-68 (9th Cir. 2014). We vacate and remand. Lipsey consented to proceed before the magistrate judge. See 28 U.S.C. § 636 (c). The magistrate judge then screened and dismissed Lipsey’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 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. 2 17-16116

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