Faron Lovelace v. Robin Sandy

MEMORANDUM

Idaho state prisoner Faron E. Lovelace appeals pro se from the magistrate judge’s judgment dismissing with prejudice his 42 U.S.C. § 1983 action arising out of the allegedly improper termination of a prison visit. We review de novo whether a magistrate judge has jurisdiction. Allen v. Meyer, 755 F.3d 866, 867-68 (9th Cir. 2014). We vacate and remand.

Contrary to the magistrate judge’s statement in its order dismissing Lovelace’s amended complaint, Lovelace did not consent to proceed before a magistrate judge. See 28 U.S.C. § 636 (c)(1) (authorizing magistrate judge to “conduct any or all proceedings in a jury or nonjury civil matter and order the entry of judgment in the case” “[u]pon the consent of the parties”). The consent forms filed on October 17, 2014 and March 18, 2015 were executed by putative co-plaintiff Melissa Kuntz-Corta, not Lovelace. Accordingly, we vacate the judgment and remand to the district court for further proceedings. See Allen, 755 F.3d at 868 (judgment entered by magistrate judge a nullity where some parties did not consent to magistrate judge’s jurisdiction).

On remand, the district court may review the complaint de novo in the first…