Dean Rodriguez v. Shelly Matis

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 22 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DEAN C. RODRIGUEZ, No. 17-15779
Plaintiff-Appellant, D.C. No. 2:14-cv-01049-MCE-KJN
v.
MEMORANDUM*
SHELLY MATIS; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding
Submitted April 17, 2019**
Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.
Dean C. Rodriguez appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action alleging federal claims related to his
imprisonment at High Desert State Prison. We have jurisdiction under 28 U.S.C.
§ 1291. We review de novo whether the magistrate judge had jurisdiction. Allen
*
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). Rodriguez’s requests for oral
argument, set forth in his briefs, is denied.
v. Meyer, 755 F.3d 866, 867-68 (9th Cir. 2014). We vacate and remand.
Rodriguez consented to proceed before a magistrate judge. See 28 U.S.C.
§ 636(c). The magistrate judge then dismissed certain claims before the named
defendants had been served. See 28 U.S.C. § 1915A. Because all parties,
including unserved defendants, must consent to proceed before the magistrate
judge for jurisdiction to vest, see Williams v. King, 875 F.3d 500, 503-04 (9th Cir.
2017), we vacate the judgment and remand for further proceedings.
In light of our disposition, we do not consider Rodriguez’s remaining
contentions.
All pending motions and requests are denied.
The parties shall bear their own costs on appeal.
VACATED and REMANDED.
2 17-15779