An appeal permitted by law as of right from a district court to a court of appeals may be
taken only by filing a notice of appeal with the district clerk within the time allowed by
Rule 4. At the time of filing, the appellant must furnish the clerk with enough copies of the
notice to enable the clerk to comply with Rule 3(d).

(c) Contents of the Notice of Appeal.
(1) The notice of appeal must:
(A) specify the party or parties taking the appeal by naming each one in the caption or
body of the notice, but an attorney representing more than one party may describe
those parties with such terms as “all plaintiffs,” “the defendants,” “the plaintiffs A, B,
et al.,” or “all defendants except X”;
(B) designate the judgment, order, or part thereof being appealed; and
(C) name the court to which the appeal is taken.
(2) A pro se notice of appeal is considered filed on behalf of the signer and the signer’s spouse
and minor children (if they are parties), unless the notice clearly indicates otherwise.

(4) An appeal must not be dismissed for informality of form or title of the notice of appeal, or
for failure to name a party whose intent to appeal is otherwise clear from the notice.
(5) Form 1 in the Appendix of Forms is a suggested form of a notice of appeal.

(d) Serving the Notice of Appeal.
(1) The district clerk must serve notice of the filing of a notice of appeal by mailing a copy to
each party’s counsel of record — excluding the appellant’s — or, if a party is proceeding
pro se, to the party’s last known address. When a defendant in a criminal case appeals, the
clerk must also serve a copy of the notice of appeal on the defendant, either by personal
service or by mail addressed to the defendant. The clerk must promptly send a copy of the
notice of appeal and of the docket entries — and any later docket entries — to the clerk of
the court of appeals named in the notice. The district clerk must note, on each copy, the
date when the notice of appeal was filed.

(e) Payment of Fees. Upon filing a notice of appeal, the appellant must pay the district clerk all
required fees. The district clerk receives the appellate docket fee on behalf of the court of
appeals.

Local Rule 3(a). Filing and Docket Fees.
Upon filing a notice of appeal, appellant shall pay the clerk of the district court a fee of
$255.00, which includes a $5.00 filing fee for the notice of appeal and a $250.00 fee for docketing
the appeal in this Court.

Local Rule 3(b). Docketing Statement.
To assist counsel in giving prompt attention to the substance of an appeal, to help reduce the
ordering of unnecessary transcripts, to provide the Clerk of the Court of Appeals at the
commencement of an appeal with the information needed for effective case management, and to
provide necessary information for any mediation conference conducted under Local Rule 33,
counsel filing a notice of appeal for any direct or cross-appeal must complete and file a docketing
statement, using the form provided by the clerk of the district court. The Clerk of the Court of
Appeals will provide a similar form for petitions for review, applications for enforcement, and Tax
Court appeals.
Two copies of the docketing statement and attachments must be received and filed in the Court
of Appeals within 14 days of filing the notice of appeal, with a copy served on the opposing party
or parties. Docketing statements for petitions for review, applications for enforcement, and Tax
Court appeals must be received and filed with the Clerk of the Court of Appeals within 14 days of
docketing of the petition, application, or tax appeal. A copy of the docketing statement must be
served on the opposing party or parties.
Each copy of the docketing statement served or filed shall have attached to it copies of:
(a) the notice of appeal, application for enforcement, or petition for review;
(b) the docket sheet of the court or agency from which the appeal is taken;
(c) the judgment or order sought to be reviewed and any opinion or findings;
(d) any opinion, findings, or recommendation of a magistrate judge, an administrative law
judge, a Social Security Appeals Council, or a bankruptcy court underlying the order at
issue; and
(e) any transcript order.
Although a party will not be precluded from raising additional issues, counsel will make every
effort to include in the docketing statement all of the issues that will be presented to the Court.
Failure to file the docketing statement within the time set forth above will cause the Court to
initiate the process for dismissing a case under Local Rule 45.

If an opposing party concludes that the docketing statement is in any way inaccurate,
incomplete, or misleading, the Clerk's Office should be informed in writing of any errors and any
proposed additions or corrections within 7 days of service of the docketing statement, with copies
to all other parties.

I.O.P.-3.1. Transmission of District Court Order. The clerk of the district court shall
transmit to the Clerk of the Court of Appeals a copy of the order appealed from, along with copies
of the materials required by FRAP 3(d)(1).

Rule 4. Appeal as of Right — When Taken
(a) Appeal in a Civil Case.
(1) Time for Filing a Notice of Appeal.
(A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of
appeal required by Rule 3 must be filed with the district clerk within 30 days after the
judgment or order appealed from is entered.

Rule 5. Appeal by Permission
(b) Contents of the Petition; Answer or Cross-Petition; Oral Argument.
(1) The petition must include the following:
(A) the facts necessary to understand the question presented;
(B) the question itself;
(C) the relief sought;
(D) the reasons why the appeal should be allowed and is authorized by a statute or rule;
and
(E) an attached copy of:
(i) the order, decree, or judgment complained of and any related opinion or
memorandum, and
(ii) any order stating the district court’s permission to appeal or finding that the
necessary conditions are met.
(2) A party may file an answer in opposition or a cross-petition within 7 days after the petition
is served.
(3) The petition and answer will be submitted without oral argument unless the court of
appeals orders otherwise.

(c) Form of Papers; Number of Copies. All papers must conform to Rule 32(c)(2). Except by
the court’s permission, a paper must not exceed 20 pages, exclusive of the disclosure
statement, the proof of service, and the accompanying documents required by Rule 5(b)(1)(E).
An original and 3 copies must be filed unless the court requires a different number by local
rule or by order in a particular case.

Filing and assignment of emergency motions for stay or injunction pending
appeal are governed by Local Rule 27(e).

Local Rule 12(c). Expedition of Appeals.
The Court on its own motion or on motion of the parties may expedite an appeal for briefing
and oral argument. Any motion to expedite should state clearly the reasons supporting expedition,
the ability of the parties to present the appeal on the existing record, and the need for oral
argument.

Local Rule 25(a). Paper Size, Number of Copies, Attachments.
(1) Paper Size. The Judicial Conference of the United States has adopted 8 ˝ x 11 inch lettersize
paper as the standard for use throughout the federal judiciary. All documents and other
papers submitted to this Court must conform to this standard.
(2) Number of Copies, Attachments. Unless otherwise provided by rule, all papers except
briefs and appendices submitted to the Fourth Circuit for filing and for consideration by the Court
must be in the form of an original paper and three copies. Any attachments to motions which are
necessary to an understanding of the matters set forth in the motion must be submitted with three
copies and conform to the

Rule 27. Motions
(a) In General.
(1) Application for Relief. An application for an order or other relief is made by motion
unless these rules prescribe another form. A motion must be in writing unless the court
permits otherwise.
(2) Contents of a Motion.
(A) Grounds and relief sought. A motion must state with particularity the grounds for
the motion, the relief sought, and the legal argument necessary to support it.
(B) Accompanying documents.
(i) Any affidavit or other paper necessary to support a motion must be served and
filed with the motion.
(ii) An affidavit must contain only factual information, not legal argument.
(iii) A motion seeking substantive relief must include a copy of the trial court’s
opinion or agency’s decision as a separate exhibit.
(C) Documents barred or not required.
(i) A separate brief supporting or responding to a motion must not be filed.
(ii) A notice of motion is not required.
(iii) A proposed order is not required.
(3) Response.
(A) Time to file. Any party may file a response to a motion; Rule 27(a)(2) governs its
contents. The response must be filed within 8 days after service of the motion unless
the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41
may be granted before the 8-day period runs only if the court gives reasonable notice
to the parties that it intends to act sooner.
(B) Request for affirmative relief. A response may include a motion for affirmative
relief. The time to respond to the new motion, and to reply to that response, are
governed by Rule 27(a)(3)(A) and (a)(4). The title of the response must alert the court
to the request for relief.
(4) Reply to Response. Any reply to a response must be filed within 5 days after service of
the response. A reply must not present matters that do not relate to the response.
(b) Disposition of a Motion for a Procedural Order. The court may act on a motion for a
procedural order — including a motion under Rule 26(b) — at any time without awaiting a
response, and may, by rule or by order in a particular case, authorize its clerk to act on
specified types of procedural motions. A party adversely affected by the court’s, or the clerk’s,
action may file a motion to reconsider, vacate, or modify that action. Timely opposition filed
after the motion is granted in whole or in part does not constitute a request to reconsider,
vacate, or modify the disposition; a motion requesting that relief must be filed.
(c) Power of a Single Judge to Entertain a Motion. A circuit judge may act alone on any
motion, but may not dismiss or otherwise determine an appeal or other proceeding. A court of
appeals may provide by rule or by order in a particular case that only the court may act on any
motion or class of motions. The court may review the action of a single judge.

(d) Form of Papers; Page Limits; and Number of Copies.
(1) Format.
(A) Reproduction. A motion, response, or reply may be reproduced by any process that
yields a clear black image on light paper. The paper must be opaque and unglazed.
Only one side of the paper may be used.
(B) Cover. A cover is not required but there must be a caption that includes the case
number, the name of the court, the title of the case, and a brief descriptive title
indicating the purpose of the motion and identifying the party or parties for whom it is
filed. If a cover is used, it must be white.
(C) Binding. The document must be bound in any manner that is secure, does not obscure
the text, and permits the document to lie reasonably flat when open.
(D) Paper size, line spacing, and margins. The document must be on 8˝ by 11 inch
paper. The text must be double-spaced, but quotations more than two lines long may
be indented and single-spaced. Headings and footnotes may be single-spaced.
Margins must be at least one inch on all four sides. Page numbers may be placed in
the margins, but no text may appear there.
(2) Page Limits. A motion or a response to a motion must not exceed 20 pages, exclusive of
the corporate disclosure statement and accompanying documents authorized by Rule
27(a)(2)(B), unless the court permits or directs otherwise. A reply to a response must not
exceed 10 pages.
(3) Number of Copies. An original and 3 copies must be filed unless the court requires a
different number by local rule or by order in a particular case.
(e) Oral Argument. A motion will be decided without oral argument unless the court orders
otherwise.

Local Rule 27(a). Content of Motions; Notification and Consent.
In cases where all parties are represented by counsel, all motions shall contain a statement by
counsel that counsel for the other parties to the appeal have been informed of the intended filing of
the motion. The statement shall indicate whether the other parties consent to the granting of the
motion, or intend to file responses in opposition.

Local Rule 27(c). Form of Papers; Number of Copies.
All motions should be filed with the clerk and comply with FRAP 27(d). Three copies must be
filed with the original. A Disclosure of Corporate Affiliations and Other Entities with a Direct
Financial Interest in Litigation statement must accompany the motion unless previously filed with
the Court. See FRAP 26.1, Local Rule 26.1, and Form A. Counsel should always review carefully
the specific rule which authorizes relief to ascertain the requirements, and any motion should
contain or be accompanied by any supporting documents required by a specific rule. If a motion
is supported by attachments, these materials should also be served and filed with each copy of the
motion. The parties should not make requests for procedural and substantive relief in a single
motion, but should make each request in a separate motion.

Local Rule 28(f). Statement of Facts.
Every opening brief filed by appellants in this Court shall include a separate section, the title
of which is STATEMENT OF FACTS. In this section the attorneys will prepare a narrative
statement of all of the facts necessary for the Court to reach the conclusion which the brief desires.
The said STATEMENT OF FACTS will include exhibit, record, transcript, or appendix references
showing the source of the facts stated. An appellee's brief shall also include a STATEMENT OF
FACTS so prepared unless appellee is satisfied with appellant’s statement of facts.

Rule 34. Oral Argument
(a) In General.
(1) Party’s Statement. Any party may file, or a court may require by local rule, a statement
explaining why oral argument should, or need not, be permitted.
(2) Standards. Oral argument must be allowed in every case unless a panel of three judges
who have examined the briefs and record unanimously agrees that oral argument is
unnecessary for any of the following reasons:
(A) the appeal is frivolous;
(B) the dispositive issue or issues have been authoritatively decided; or
(C) the facts and legal arguments are adequately presented in the briefs and record,


Local Rule 46(f). Proceeding Pro Se.
An individual may proceed without the aid of counsel, but should so inform the Court at the
earliest possible time. In any pro se appeal, the clerk shall notify the parties that they shall file
informal briefs as provided by Local Rule 34(b). The Court will limit its review to the issues
raised in the informal briefs and will consider the need for the appointment of counsel when
reviewing the appeal under Local Rule 34(a). Cases involving pro se litigants are ordinarily not
scheduled for oral argument.

Fourth Circuit Court of Appeals Rule 12(c) provides that upon its own motion or the motion of a party, the Court may expedite an appeal. According to the rule, "A motion to expedite should state clearly the reasons supporting expedition, the ability of the parties to present the appeal on existing record, and the need for oral argument."



 James M. Lyle, IV, appeals to this Court pro se the decision of the Circuit Court of Harrison County, Second Judicial District denying his motion for post conviction relief. The defendant asserts the following issues in this appeal: (1) that the circuit court was in error in dismissing his petitions for post conviction collateral relief as barred as successive writs, (2) that the circuit court erred in failing to grant him an evidentiary hearing on the issues asserted in his petitions for post conviction collateral relief and (3) that the issues asserted in his petitions for post conviction collateral relief fall under the Supreme Court's appellate review pursuant to the "plain error" doctrine, fundamental miscarriage of justice and actual innocence standards. We find that the defendant has failed to prove all three of these claims. Therefore, we affirm the ruling of the circuit court.