3d Cir. L.A.R. 3.4

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.

Source: 1988 Court Rules 8.1, 8.3

Cross-References: 28 U.S.C. §2253; FRAP 3, 4(d), & 22(b), 24, Form 1, Form 3

Committee Comments: 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

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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.