Hernandez-Ruiz v. United States

MEMORANDUM**

This court lacks jurisdiction over Delfino Hernandez-Ruiz’s appeal. Hernandez relies on 28 U.S.C. § 636(c)(3) in appealing Magistrate Judge Carruth’s denial of his motion for writ of error coram nobis directly to this court. However, 28 U.S.C. § 636(c)(3) permits appeal from a judgment of a magistrate judge directly to the court of appeals only in cases “referred under paragraph (1) of this subsection.” Paragraph (1), in turn, specifies that the parties may consent to allow a magistrate judge to conduct proceedings in a civil matter. 28 U.S.C. § 636(c)(1).

However, Hernandez’s…