SHETTY FKA v. AMERICA WHOLESALE LENDER (2018)

MEMORANDUM **

Niki-Alexander Shetty, FKA Satish Shetty, appeals pro se from the magistrate judge’s order dismissing his action alleging federal and state law claims relating to a mortgage loan on real property transferred to him by the borrowers. We review de novo whether the magistrate judge validly entered judgment on behalf of the district court. Williams v. King, 875 F.3d 500, 501 (9th Cir. 2017). We vacate and remand.

Shetty and defendants The Bank of New York Mellon, Bayview Loan Servicing, LLC, and Klinedinst PC consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c). The magistrate judge, however, dismissed claims against another named defendant in the action, America’s Wholesale Lender, before that defendant had been served. Because all parties, including unserved defendants, must consent to proceed before the magistrate judge for jurisdiction to vest, Williams, 875 F.3d at 503-04, we vacate the magistrate judge’s order and remand for further proceedings.

The parties shall bear their own costs on appeal.

VACATED and REMANDED.