§ 2263. — Filing of habeas corpus application; time requirements; tolling rules.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2263]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
Sec. 2263. Filing of habeas corpus application; time
requirements; tolling rules
(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, Sec. 107(a), Apr. 24, 1996, 110 Stat.
1223.)
Section Referred to in Other Sections
This section is referred to in sections 2262, 2265 of this title.
