Willie Cooley v. C. Wofford

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
WILLIE COOLEY,
Petitioner - Appellant,
v.
C. WOFFORD,
Respondent - Appellee.
No. 12-17071
D.C. No. 1:12-cv-01164-LJO
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Gary S. Austin, Magistrate Judge, Presiding
Submitted March 10, 2014**
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
California state prisoner Willie Cooley appeals pro se from the district
court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition. We have
jurisdiction under 28 U.S.C. § 2253, and we vacate and remand.
FILED
MAR 14 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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In his order dismissing with prejudice Cooley’s habeas petition, the
magistrate judge incorrectly stated that Cooley had consented to the jurisdiction of
a magistrate judge pursuant to 28 U.S.C. § 636(c). Because the record reflects that
Cooley expressly declined to give such consent, the magistrate judge lacked
authority to issue a final order dismissing with prejudice Cooley’s habeas petition.
See 28 U.S.C. § 636; Fed. R. Civ. P. 72. Accordingly, we vacate the judgment and
remand for further proceedings.
In light of this disposition, we do not reach Cooley’s contentions regarding
the merits of his habeas petition.
VACATED and REMANDED.
12-17071 2

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