Edward Brown v. Secretary, Florida Department of Corrections

Opinion

NOT FOR PUBLICATION

In the

United States Court of Appeals For the Eleventh Circuit

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No. 25-12812

Non-Argument Calendar

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EDWARD LEE BROWN, Petitioner-Appellant,

versus

ATTORNEY GENERAL, STATE OF FLORIDA, Respondent,

SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

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Appeal from the United States District Court for the Northern District of Florida D.C. Docket No. 1:24-cv-00041-AW-ZCB

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Before JORDAN, JILL PRYOR, and KIDD, Circuit Judges. PER CURIAM:

2

2 Opinion of the Court 25-12812

This appeal is DISMISSED, sua sponte, for lack of jurisdiction.

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 (“R&R”) that the petition be denied. Brown filed a notice of appeal designating the R&R. The district court then adopted the R&R and entered judgment.

The R&R was not final when Brown filed his notice of appeal because it did not end the litigation on the merits. See CSX Transp., Inc. v. City of Garden City, 235 F.3d 1325, 1327 (11th Cir. 2000) (explaining that a final judgment leaves nothing for the district court to do but execute the judgment); Perez-Priego v. Alachua Cnty. Clerk of Ct., 148 F.3d 1272, 1273 (11th Cir. 1998) (holding that 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 R&R did not cure this defect. See Perez-Priego, 148 F.3d at 1273 (holding that a district court’s subsequent adoption of a recommendation cannot cure a premature appeal).

All pending motions are DENIED as moot.