§ 2251. Stay of State court proceedings

Statutory text

In General.—

Pending matters.—

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.

Matter not pending.—

For purposes of this section, a habeas corpus proceeding is not pending until the application is filed.

Application for appointment of counsel.—

If a State prisoner sentenced to death applies for appointment of counsel pursuant to section 3599(a)(2) of title 18 in a court that would have jurisdiction to entertain a habeas corpus application regarding that sentence, that court may stay execution of the sentence of death, but such stay shall terminate not later than 90 days after counsel is appointed or the application for appointment of counsel is withdrawn or denied.

No Further Proceedings.—

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 2251
June 25, 1948, ch. 646, 62 Stat. 966
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 966
2006
USA PATRIOT Improvement and Reauthorization Act of 2005
Pub. L. 109–177 title V § 507(f) · 120 Stat. 192
1. Amended · 28 U.S.C. § 2251
  Pub. L. 109–177 designated first par. of existing provisions as subsec. (a)(1)
2. Inserted · 28 U.S.C. § 2251
  Pub. L. 109–177 inserted headings
3. Added · 28 U.S.C. § 2251
  Pub. L. 109–177 added pars. (2) and (3)
4. Amended · 28 U.S.C. § 2251
  Pub. L. 109–177 designated second par. of existing provisions as subsec. (b)
5. Inserted · 28 U.S.C. § 2251
  Pub. L. 109–177 inserted heading
Source evidence
Code amendment note
Pub. L. 109–177 designated first par. of existing provisions as subsec. (a)(1) and inserted headings, added pars. (2) and (3), and designated second par. of existing provisions as subsec. (b) and inserted heading.
Enacted provision · exact public law section
(f) Stay of State Court Proceedings.— Section 2251 of title 28, United States Code, is amended— (1) in the first undesignated paragraph, by striking “A justice” and inserting the following: “(a) In General.— “(1) Pending matters.— A justice” ; (2) in the second undesignated paragraph, by striking “After the” and inserting the following: “(b) No Further Proceedings.— After the” ; and (3) in subsection (a), as so designated by paragraph (1), by adding at the end the following: “(2) Matter not pending.— For purposes of this section, a habeas corpus proceeding is not pending until the application is filed. “(3) Application for appointment of counsel.— If a State prisoner sentenced to death applies for appointment of counsel pursuant to section 3599(a)(2) of title 18 in a court that would have jurisdiction to entertain a habeas corpus application regarding that sentence, that court may stay execution of the sentence of death, but such stay shall terminate not later than 90 days after counsel is appointed or the application for appointment of counsel is withdrawn or denied.” .
Effective date note
Pub. L. 109–177, title V, § 507(d), Mar. 9, 2006, 120 Stat. 251, provided that:

5 of 6 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 465 (R.S. § 766; Mar. 3, 1893, ch. 226, 27 Stat. 751; Feb. 13, 1925, ch. 229, § 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.

Editorial Notes

Amendments

2006—Pub. L. 109–177 designated first par. of existing provisions as subsec. (a)(1) and inserted headings, added pars. (2) and (3), and designated second par. of existing provisions as subsec. (b) and inserted heading.

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Pub. L. 109–177, title V, § 507(d), Mar. 9, 2006, 120 Stat. 251, provided that:

“(1)
In general.—
This section [enacting section 2265 of this title, amending this section and sections 2261 and 2266 of this title, and repealing former section 2265 of this title] and the amendments made by this section shall apply to cases pending on or after the date of enactment of this Act [Mar. 9, 2006].
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“(2)
Time limits.—
In a case pending on the date of enactment of this Act, if the amendments made by this section establish a time limit for taking certain action, the period of which began on the date of an event that occurred prior to the date of enactment of this Act, the period of such time limit shall instead begin on the date of enactment of this Act.”
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Credits

1948–2006 · 2 acts

1948June 25, 1948, ch. 646, 62 Stat. 966
2006Pub. L. 109–177, title V, § 507(f), Mar. 9, 2006, 120 Stat. 251.

Show as published

(June 25, 1948, ch. 646, 62 Stat. 966; Pub. L. 109–177, title V, § 507(f), Mar. 9, 2006, 120 Stat. 251.)