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Title 28 — Judiciary and Judicial ProcedureRelease 119-73

§2251 Stay of State court proceedings

Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 153— - HABEAS CORPUS › § 2251

Last updated Apr 6, 2026|Official source

Summary

A federal judge handling a habeas case may pause any state court action against a person being held for issues in that case, before or after judgment or on appeal. A habeas case is not pending until the application is filed. For death-row inmates who ask for counsel under 18 U.S.C. 3599(a)(2), the court may pause an execution, but that pause ends no later than 90 days after counsel is appointed or the request is withdrawn or denied. A stay voids the state proceeding; without a stay it remains valid.

Full Legal Text

Title 28, §2251

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)(1)A justice or judge of the United States before whom a habeas corpus proceeding is pending, may, before final judgment or after final judgment of discharge, or pending appeal, stay any proceeding against the person detained in any State court or by or under the authority of any State for any matter involved in the habeas corpus proceeding.
(2)For purposes of this section, a habeas corpus proceeding is not pending until the application is filed.
(3)If a State prisoner sentenced to death applies for appointment of counsel pursuant to section 3599(a)(2) of title 18 in a court that would have jurisdiction to entertain a habeas corpus application regarding that sentence, that court may stay execution of the sentence of death, but such stay shall terminate not later than 90 days after counsel is appointed or the application for appointment of counsel is withdrawn or denied.
(b)After the granting of such a stay, any such proceeding in any State court or by or under the authority of any State shall be void. If no stay is granted, any such proceeding shall be as valid as if no habeas corpus proceedings or appeal were pending.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 465 (R.S. § 766; Mar. 3, 1893, ch. 226, 27 Stat. 751; Feb. 13, 1925, ch. 229, § 8(c), 43 Stat. 940; June 19, 1934, ch. 673, 48 Stat. 1177). Provisions relating to proceedings pending in 1934 were deleted as obsolete. A provision requiring an appeal to be taken within 3 months was omitted as covered by section 2101 and 2107 of this title. Changes were made in phraseology.

Editorial Notes

Amendments

2006—Pub. L. 109–177 designated first par. of existing provisions as subsec. (a)(1) and inserted headings, added pars. (2) and (3), and designated second par. of existing provisions as subsec. (b) and inserted heading.

Statutory Notes and Related Subsidiaries

Effective Date

of 2006 Amendment Pub. L. 109–177, title V, § 507(d), Mar. 9, 2006, 120 Stat. 251, provided that: “(1) In general.—This section [enacting section 2265 of this title, amending this section and section 2261 and 2266 of this title, and repealing former section 2265 of this title] and the

Amendments

made by this section shall apply to cases pending on or after the date of enactment of this Act [Mar. 9, 2006]. “(2) Time limits.—In a case pending on the date of enactment of this Act, if the

Amendments

made by this section establish a time limit for taking certain action, the period of which began on the date of an event that occurred prior to the date of enactment of this Act, the period of such time limit shall instead begin on the date of enactment of this Act.”

Reference

Citations & Metadata

Citation

28 U.S.C. § 2251

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73