28 U.S.C. § 2263: Filing of habeas corpus…

Summary

File a federal habeas petition under section 2254 in the correct federal district court within 180 days after the state’s conviction and sentence are finally upheld on direct appeal or after the time to ask for that review runs out. The 180‑day clock pauses while a Supreme Court review petition in a death‑penalty direct‑review case is pending, while the first state post‑conviction or other collateral petition is pending, and for up to 30 days if you ask the federal court for more time and show good cause.

Title 28, §2263

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)Any application under this chapter for habeas corpus relief under section 2254 must be filed in the appropriate district court not later than 180 days after final State court affirmance of the conviction and sentence on direct review or the expiration of the time for seeking such review.

(b)The time requirements established by subsection (a) shall be tolled—

(1)from the date that a petition for certiorari is filed in the Supreme Court until the date of final disposition of the petition if a State prisoner files the petition to secure review by the Supreme Court of the affirmance of a capital sentence on direct review by the court of last resort of the State or other final State court decision on direct review;

(2)from the date on which the first petition for post-conviction review or other collateral relief is filed until the final State court disposition of such petition; and

(3)during an additional period not to exceed 30 days, if—

(A)a motion for an extension of time is filed in the Federal district court that would have jurisdiction over the case upon the filing of a habeas corpus application under section 2254; and

(B)a showing of good cause is made for the failure to file the habeas corpus application within the time period established by this section.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to cases pending on or after Apr. 24, 1996, see section 107(c) of Pub. L. 104–132, set out as a note under section 2261 of this title.

§2263 Filing of Habeas Corpus Application; Time Requirements; Tolling Rules

Summary

Title 28, §2263

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata