Background
Tiffany Brown, a federal prisoner proceeding pro se, filed a complaint alleging Eighth Amendment violations. She filed motions for preliminary injunction and a temporary restraining order. A magistrate judge issued a report and recommendation recommending denial of the motions. Brown filed a notice of appeal designating the report and recommendation before the district court adopted it.
The court’s reasoning
The court explained that a final judgment leaves nothing for the district court to do but execute the judgment. A magistrate judge’s recommendation that has not been adopted by the district court is not final and immediately appealable. The district court’s subsequent adoption of the report and 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 prisoner’s Eighth Amendment claims or the denial of injunctive relief. All pending motions in the case are denied as moot.