Local Rule LR PL P 23: Appeals
N.D. W.Va. — Appellate rule
LR PL P 23. Appeals.
(a) Appealing the Denial of a 28 U.S.C. § 2241 Petition: A federal prisoner who desires to appeal the denial of a § 2241 petition must file a Notice of Appeal in the District Court within sixty (60) calendar days from the date of the adverse ruling.
A state prisoner who desires to appeal the denial of a § 2241 petition must file a Notice of Appeal in the District Court within thirty (30) calendar days from the date of the adverse ruling.
(b) Appealing the Denial of a 28 U.S.C. § 2254 Petition: To appeal the denial of a § 2254 petition, a prisoner must file a Notice of Appeal in the District Court within thirty (30) calendar days from the date of the adverse ruling. Pursuant to Title 28 U.S.C. § 2253 and FRAP 22, prisoners must also file an application for a "certificate of appealability" in the District Court in order to proceed with an appeal. If the District Court denies a certificate of appealability, then the prisoner may reapply for the certificate from the United States Court of Appeals for the Fourth Circuit.
(c) Appealing the Denial of a 28 U.S.C. § 2255 Petition: To appeal the denial of a § 2255 petition, a prisoner must file a Notice of Appeal in the District Court within sixty (60) calendar days from the date of the adverse ruling. Pursuant to Title 28 U.S.C. § 2253 and Federal Rule of Appellate Procedure 22, prisoners must also file an application for a "certificate of appealability" in the District Court in order to proceed with an appeal. If the District Court denies a certificate of appealability, then the prisoner may reapply for a certificate from the United States Court of Appeals for the Fourth Circuit.