11th Cir.

Edward Lee Brown v. Attorney General, State of Florida, Secretary, Florida Department of Corrections

April 3, 2026 ·1:24-cv-00041-AW-ZCB ·Per Curiam · By James Taylor

The United States Court of Appeals for the Eleventh Circuit dismissed this appeal sua sponte for lack of jurisdiction. The court found that the petitioner filed his notice of appeal prematurely before the district court had adopted the magistrate judge's recommendation.

Background

Edward Lee Brown, a state prisoner proceeding pro se, filed an amended petition for a writ of habeas corpus. A magistrate judge issued a report and recommendation that the petition be denied. Brown filed a notice of appeal designating the report and recommendation before the district court adopted it. The district court later adopted the report and entered judgment.

The court’s reasoning

The court held that the report and recommendation was not final when Brown filed his notice of appeal because it did not end the litigation on the merits. The court cited precedent establishing that a magistrate judge’s recommendation is not final and immediately appealable until adopted by the district court. The court further held that the district court’s subsequent adoption of the recommendation did not cure the defect of the premature appeal.

What it means going forward

The dismissal prevents the appellate court from reviewing the merits of the habeas petition, leaving the district court’s judgment in place.