§ 2251. — Stay of State court proceedings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2251]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 153--HABEAS CORPUS
Sec. 2251. Stay of State court proceedings
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.
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.
(June 25, 1948, ch. 646, 62 Stat. 966.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 465 (R.S. Sec. 766; Mar.
3, 1893, ch. 226, 27 Stat. 751; Feb. 13, 1925, ch. 229, Sec. 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 sections 2101 and 2107 of this title.
Changes were made in phraseology.
