(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.
Part 3 - All Other Civil Causes of Action
(Including, but not limited to, civil rights complaints filed by state prisoners pursuant to 42
U.S.C. § 1983 or Bivens, and complaints filed by federal prisoners pursuant to the
Federal Tort Claims Act (“FTCA”).)
