NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 23 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSH THOMAS, No. 17-16363
Plaintiff-Appellant, D.C. No. 2:16-cv-00724-CKD
v.
MEMORANDUM*
BRIAN ROBERTS; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Carolyn K. Delaney, Magistrate Judge, Presiding
Submitted February 13, 2018**
Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
Josh Thomas, a California state prisoner, appeals pro se from the magistrate
judge’s order dismissing his 42 U.S.C. § 1983 action alleging federal and state law
claims in connection with his parole proceedings. We have jurisdiction under 28
U.S.C. § 1291. We review de novo whether the magistrate judge validly entered
*
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).
judgment on behalf of the district court. Allen v. Meyer, 755 F.3d 866, 867-68 (9th
Cir. 2014). We vacate and remand.
Thomas consented to proceed before the magistrate judge. See 28 U.S.C.
§ 636(c). The magistrate judge then screened and dismissed Thomas’s action
before the named defendants had been served. See 28 U.S.C. § 1915A(b)(1); Fed.
R. Civ. P. 41(b). 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 17-16363