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.