28 U.S.C. § 2263 : US Code - Section 2263: Filing of habeas corpus application; time requirements; tolling rules
Search 28 U.S.C. § 2263 : US Code - Section 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.
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