Helda Wilson v. R. Perkinson, M.d.;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HELDA WILSON,
Plaintiff - Appellant,
v.
R. PERKINSON, M.D.; et al.,
Defendants - Appellees.
No. 10-17319
D.C. No. 1:10-cv-01086-DLB
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Dennis L. Beck, Magistrate Judge, Presiding
Submitted November 21, 2011**
Before: TASHIMA, BERZON, and TALLMAN, Circuit Judges.
Helda Wilson, a California state prisoner, appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action for failing to pay the
filing fee in full or file an application to proceed in forma pauperis. We raise sua
sponte jurisdictional issues. Nasca v. Peoplesoft (In re Marriage of Nasca), 160
FILED
NOV 29 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-17319 2
F.3d 578, 579 (9th Cir. 1999). We order a limited remand so that the magistrate
judge can determine whether Wilson consented to the exercise of the magistrate
judge’s authority under 28 U.S.C. § 636(c). If so, the magistrate judge shall issue
an order indicating where in the record such consent is demonstrated. If not, the
magistrate judge should consider whether to withdraw his order dismissing the
case and instead issue a recommendation to the district court. See id. at 580.
REMANDED.

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