L.A.R. 3.4: Notice of Appeal in Pro Se Cases

The court will deem a document filed by a pro se litigant after the decision of the district court in a civil, criminal, or habeas corpus case to be a notice of appeal despite informality in its form or title, if it evidences an intention to appeal. The court will deem an application for leave to appeal in forma pauperis or an application for a certificate of appealability to be a notice of appeal if no formal notice has been filed. The grant or denial of a certificate of appealability by the district court will not be treated as a notice of appeal.

This rule is designed to emphasize that the jurisdictional requirement of a notice of appeal is met in a pro se case by the filing of an informal document, a request for certificate of appealability, or a motion for in forma pauperis status in this court, but not by the mere granting or denial by the district court of a certificate of appealability. The portions of prior Court Rule 8 that were repetitive of FRAP 3 and 4 have been deleted; otherwise no substantive change from prior Court Rule 8 is intended. Technical changes were made in 1997 to conform to the Antiterrorism and Effective Death Penalty Act. The phrase “in this court” was deleted in 2008 to clarify that a request for a certificate of appealability made to a district court when the district court has already ruled on the issue should be construed as a notice of appeal.