Jamisi Jermaine Calloway v. M. D. BITER, Warden;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAMISI JERMAINE CALLOWAY,
Plaintiff-Appellant,
v.
M. D. BITER, Warden; et al.,
Defendants-Appellees.
No. 17-15448
D.C. No. 1:13-cv-00747-SAB
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Stanley Albert Boone, Magistrate Judge, Presiding
Submitted June 12, 2018**
Before: RAWLINSON, CLIFTON and NGUYEN, Circuit Judges.
Jamisi Jermaine Calloway, a California state prisoner, appeals pro se from
the magistrate judge’s judgment dismissing his 42 U.S.C. § 1983 action alleging
constitutional claims. We have jurisdiction under 28 U.S.C. § 1291. We review de
novo whether the magistrate judge validly entered judgment on behalf of the
* 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).
FILED
JUN 25 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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district court. Allen v. Meyer, 755 F.3d 866, 867-68 (9th Cir. 2014). We vacate
and remand.
Calloway consented to proceed before the magistrate judge. See 28 U.S.C.
§ 636 (c). The magistrate judge then screened and dismissed Calloway’s action
before the named defendants had been served. See 28 U.S.C. §§ 1915(e)(2)(B)(ii),
1915A. 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 judgment and
remand for further proceedings.
VACATED and REMANDED.

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