NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 27 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GUILLERMO CRUZ TRUJILLO, No. 16-15986
Plaintiff-Appellant, D.C. No. 1:14-cv-01215-SAB
v.
MEMORANDUM*
MUNOZ, Correctional Officer,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of California
Stanley Albert Boone, Magistrate Judge, Presiding
Submitted February 13, 2018**
Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
California state prisoner Guillermo Cruz Trujillo 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
*
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.
Trujillo consented to proceed before the magistrate judge. See 28 U.S.C.
§ 636(c). The magistrate judge then screened and dismissed Trujillo’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, 503-
04 (9th Cir. 2017), we vacate the magistrate judge’s order and remand for further
proceedings.
Williams’s motion to obtain a copy of the “action” (Docket Entry No. 16) is
denied.
VACATED and REMANDED.
2 16-15986