28 U.S.C. § 2266 : US Code - Section 2266: Limitation periods for determining applications and motions

Search 28 U.S.C. § 2266 : US Code - Section 2266: Limitation periods for determining applications and motions

(a) The adjudication of any application under section 2254 that
is subject to this chapter, and the adjudication of any motion
under section 2255 by a person under sentence of death, shall be
given priority by the district court and by the court of appeals
over all noncapital matters.
(b)(1)(A) A district court shall render a final determination and
enter a final judgment on any application for a writ of habeas
corpus brought under this chapter in a capital case not later than
180 days after the date on which the application is filed.
(B) A district court shall afford the parties at least 120 days
in which to complete all actions, including the preparation of all
pleadings and briefs, and if necessary, a hearing, prior to the
submission of the case for decision.
(C)(i) A district court may delay for not more than one
additional 30-day period beyond the period specified in
subparagraph (A), the rendering of a determination of an
application for a writ of habeas corpus if the court issues a
written order making a finding, and stating the reasons for the
finding, that the ends of justice that would be served by allowing
the delay outweigh the best interests of the public and the
applicant in a speedy disposition of the application.
(ii) The factors, among others, that a court shall consider in
determining whether a delay in the disposition of an application is
warranted are as follows:
(I) Whether the failure to allow the delay would be likely to
result in a miscarriage of justice.
(II) Whether the case is so unusual or so complex, due to the
number of defendants, the nature of the prosecution, or the
existence of novel questions of fact or law, that it is
unreasonable to expect adequate briefing within the time
limitations established by subparagraph (A).
(III) Whether the failure to allow a delay in a case that,
taken as a whole, is not so unusual or so complex as described in
subclause (II), but would otherwise deny the applicant reasonable
time to obtain counsel, would unreasonably deny the applicant or
the government continuity of counsel, or would deny counsel for
the applicant or the government the reasonable time necessary for
effective preparation, taking into account the exercise of due
diligence.
(iii) No delay in disposition shall be permissible because of
general congestion of the court's calendar.
(iv) The court shall transmit a copy of any order issued under
clause (i) to the Director of the Administrative Office of the
United States Courts for inclusion in the report under paragraph
(5).
(2) The time limitations under paragraph (1) shall apply to -
(A) an initial application for a writ of habeas corpus;
(B) any second or successive application for a writ of habeas
corpus; and
(C) any redetermination of an application for a writ of habeas
corpus following a remand by the court of appeals or the Supreme
Court for further proceedings, in which case the limitation
period shall run from the date the remand is ordered.
(3)(A) The time limitations under this section shall not be
construed to entitle an applicant to a stay of execution, to which
the applicant would otherwise not be entitled, for the purpose of
litigating any application or appeal.
(B) No amendment to an application for a writ of habeas corpus
under this chapter shall be permitted after the filing of the
answer to the application, except on the grounds specified in
section 2244(b).
(4)(A) The failure of a court to meet or comply with a time
limitation under this section shall not be a ground for granting
relief from a judgment of conviction or sentence.
(B) The State may enforce a time limitation under this section by
petitioning for a writ of mandamus to the court of appeals. The
court of appeals shall act on the petition for a writ of mandamus
not later than 30 days after the filing of the petition.
(5)(A) The Administrative Office of the United States Courts
shall submit to Congress an annual report on the compliance by the
district courts with the time limitations under this section.
(B) The report described in subparagraph (A) shall include copies
of the orders submitted by the district courts under paragraph
(1)(B)(iv).
(c)(1)(A) A court of appeals shall hear and render a final
determination of any appeal of an order granting or denying, in
whole or in part, an application brought under this chapter in a
capital case not later than 120 days after the date on which the
reply brief is filed, or if no reply brief is filed, not later than
120 days after the date on which the answering brief is filed.
(B)(i) A court of appeals shall decide whether to grant a
petition for rehearing or other request for rehearing en banc not
later than 30 days after the date on which the petition for
rehearing is filed unless a responsive pleading is required, in
which case the court shall decide whether to grant the petition not
later than 30 days after the date on which the responsive pleading
is filed.
(ii) If a petition for rehearing or rehearing en banc is granted,
the court of appeals shall hear and render a final determination of
the appeal not later than 120 days after the date on which the
order granting rehearing or rehearing en banc is entered.
(2) The time limitations under paragraph (1) shall apply to -
(A) an initial application for a writ of habeas corpus;
(B) any second or successive application for a writ of habeas
corpus; and
(C) any redetermination of an application for a writ of habeas
corpus or related appeal following a remand by the court of
appeals en banc or the Supreme Court for further proceedings, in
which case the limitation period shall run from the date the
remand is ordered.
(3) The time limitations under this section shall not be
construed to entitle an applicant to a stay of execution, to which
the applicant would otherwise not be entitled, for the purpose of
litigating any application or appeal.
(4)(A) The failure of a court to meet or comply with a time
limitation under this section shall not be a ground for granting
relief from a judgment of conviction or sentence.
(B) The State may enforce a time limitation under this section by
applying for a writ of mandamus to the Supreme Court.
(5) The Administrative Office of the United States Courts shall
submit to Congress an annual report on the compliance by the courts
of appeals with the time limitations under this section.