U.S. Code » Title 28 » Part PART VI— PARTICULAR PROCEEDINGS › Chapter CHAPTER 154— SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES

28 U.S.C. § 2263

Filing of habeas corpus application; time requirements; tolling rules

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 28 CasesGoogle Scholar
(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.(Added Pub. L. 104–132, title I, § 107(a), Apr. 24, 1996, 110 Stat. 1223.)Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 89 cases (2 in the last 5 years), 1996–2024 · leading case: Lindh v. Murphy, 521 U.S. 320 (1997).
Sort: Relevance Newest Treatment
Lindh v. Murphy, 521 U.S. 320 (1997). · cites it 2× “If chapter 154 were merely procedural in a strict sense (say, setting deadlines for filing and disposition, see 28 U. S. C. §§ 2263 , 2266 (1994 ed., Supp.”
United States v. D'AnDre Torres, A/K/A Danny Scott, A/K/A D, 211 F.3d 836 (4th Cir. 2000). · cites it 7× “Our holding finds further support in a comparison of § 2255 with 28 U.S.C.A. § 2263 (West Supp.1999), which sets forth a limitation period for the filing of habeas petitions by state prisoners who are serving capital sentences in qualifying states.”
Larry Pat Souter v. Kurt Jones, Warden, 395 F.3d 577 (6th Cir. 2005). · cites it 2× “Moreover, though Congress included a thirty-day tolling period in a parallel limitations provision in AEDPA governing capital prisoners represented by competent counsel in state post-conviction proceedings, 28 U.S.C. § 2263 (b)(3)(B), 13 the inclusion of a provision in that…”
Jackery B. White v. Robert Klitzkie, 281 F.3d 920 (9th Cir. 2002). · cites it 3× “This reading is confirmed by 28 U.S.C. § 2263 (b), the special limitations period for capital cases in “opt-in” states.”
Duncan v. Walker, 533 U.S. 167 (2001). “28 U. S. C. § 2263 (b)(2) (1994 ed., Supp.”
Paul Kreutzer v. Michael S. Bowersox, Warden, Superintendent, 231 F.3d 460 (8th Cir. 2000). · cites it 3× “Kreutzer moved for an extension of time under this tolling section, 28 U.S.C. § 2263 (b)(3), on December 29, 1997, and the extension was granted on January 15, 1998.”
Clay v. United States, 537 U.S. 522 (2003). “Amicus also submits that 28 U. S. C. § 2263 “reinforces” the Seventh Circuit’s understanding of §2255.”
Raygor v. Regents of the Univ. of Minnesota, 534 U.S. 533 (2000). · cites it 2× “§ 1182 (a)(9)(B)(iv) (tolling an alien's period of unlawful presence in the United States during certain immigration proceedings); 28 U. S. C. § 2263 (b) (1994 ed., Supp. V) (tolling the statute of limitations on filing for habeas corpus relief); 29 U.”
Tucker v. Catoe, 221 F.3d 600 (4th Cir. 2000). · cites it 3× “, 28 U.S.C. § 2263 (a) (2000). 1 Proceedings involving other states are governed by different provisions, which include a 1-year period in which the habeas corpus petition must be filed.”
Hanifi Jihad v. Sheryl Ramstad Hvass, Comm'r of Corr., 267 F.3d 803 (8th Cir. 2001). “Finally, Jihad argues that we may waive or forgive his three-week untimeliness because 28 U.S.C. § 2263 (b)(3) authorizes federal courts to grant an extension “not to exceed 30 days.”
Michael Kapral v. United States, 166 F.3d 565 (3rd Cir. 1999). “] 28 U.S.C. § 2263 (a)-(b)(l). Significantly, the limitations period in § 2263 runs from “final State court affir-mance of the conviction and sentence on direct review.”
Calderon v. United States Dist. Court, 128 F.3d 1283 (9th Cir. 1997). “…cause is made for failure to file the habeas corpus application within the time period established by this section.” 28 U.S.C. § 2263 (b)(3)(B):”
Show all 89 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.