Benjamin Toscano v. Scott Kernan
Opinion
MEMORANDUM **
Benjamin K. Toscano, a California state prisoner, appeals pro se from the magistrate judge’s order dismissing his 42 U.S.C. § 1983 action alleging 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 the district court. Allen v. Meyer, 755 F.3d 866, 867-68 (9th Cir. 2014). We vacate and remand.
Toscano consented to proceed before the magistrate judge. See 28 U.S.C. § 636(c). The magistrate judge then screened and dismissed Toscano’s action before the named defendants had been served. See 28 U.S.C. §§ 1915A(b)(l)-(2), 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.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Benjamin K. TOSCANO, Plaintiff-Appellant, v. Scott KERNAN; Et Al., Defendants-Appellees
- Status
- Unpublished