MEMORANDUM **

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.

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.