Marin-Torres

MEMORANDUM *

Leonel Marin-Torres appeals the district court’s dismissal of his action pursuant to 42 U.S.C. § 1983 against King County, Washington and the King County Sheriffs Department (collectively, “King County”), as well as against unnamed defendants who are employees of King County (“John Does”). We reverse in part and affirm in part.

Marin-Torres did not waive his right to appeal the district court’s decision by failing to object to the magistrate judge’s report and recommendation. Because Marin-Torres appeals the district court’s dismissal of his complaint, a question of law, and the grant of summary judgment, a mixed question of law and fact, his failure to object does not necessarily constitute waiver. See Jones v. Wood, 207 F.3d 557 , 562 n. 2 (9th Cir.2000); see also Martinez v. Ylst, 951 F.2d 1153, 1156 (9th Cir.1991). Marin-Torres’s opening brief addressed all arguments of this appeal; thus, there is no risk that the opposing parties are at a disadvantage because the issues were “not adequately explored.” See Martinez, 951 F.2d at 1157 . Accordingly, we hold that Marin-Torres did not waive his right to appeal.

The district court erred in dismissing with prejudice…