RUSHDAN AKA AKA v. GEAR (2018)

MEMORANDUM **

Saladin Rushdan, AKA Robert Woods, AKA Robert Stanley Woods, a California state prisoner, appeals pro se from the district court’s judgment 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 the district court. Allen v. Meyer, 755 F.3d 866, 867-68 (9th Cir. 2014). We vacate and remand.

Rushdan consented to proceed before the magistrate judge. See 28 U.S.C. § 636(c). The magistrate judge then screened and dismissed Rushdan’s action before the named defendant 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.

Rushdan’s request for appointment of counsel, set forth in his opening brief, is denied.

VACATED and REMANDED.