Monico J. Quiroga Iii v. C. Chapa;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MONICO J. QUIROGA III,
Plaintiff-Appellant,
v.
C. CHAPA; et al.,
Defendants-Appellees.
No. 17-16049
D.C. No. 1:16-cv-00071-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.
California state prisoner Monico J. Quiroga III appeals pro se from the
magistrate judge’s order dismissing his 42 U.S.C. § 1983 action alleging sexual
assault by a correctional officer while in pretrial detention. We have jurisdiction
under 28 U.S.C. § 1291. We review de novo whether the magistrate judge validly
* 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 19 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-16049
entered judgment on behalf of the district court. Allen v. Meyer, 755 F.3d 866,
867-68 (9th Cir. 2014). We vacate and remand.
Quiroga consented to proceed before the magistrate judge. See 28 U.S.C.
§ 636(c). The magistrate judge then screened Quiroga’s action and dismissed all
defendants except for defendant Chapa before the named defendants had been
served, see 28 U.S.C. § 1915A, and dismissed the action for failure to serve
defendant Chapa pursuant to Federal Rule of Civil Procedure 4(m). 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.
VACATED and REMANDED.

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