JASON93 / LEGAL TECHSearch the reference
AuthorityCurrent through August 26, 2026View as Markdown

Legal review · Links checked : the source is available · Scope & methodology

This record is not a citator check. Confirm later history and treatment before relying on it.

authority type
statute
jurisdiction
federal_nationwide
publication status
official_preliminary_code
precedential status
binding_enacted_positive_law_title
subsequent history
Currentness controlled by the OLRC preliminary edition.
negative treatment status
Not applicable to enacted statutory text; amendment/currentness checked through the OLRC preliminary edition current through 2026-08-11.
material limitations
Read with § 2255(h) and Bowe before applying any § 2244 provision to a federal prisoner's successive motion; circuit authority is required for enforceability of the thirty-day command.

Open official source ↗

Linked modules

28 U.S.C. § 2244

Propositions supported

  • Subsections (b)(1), (b)(2), and (d) expressly address state-prisoner applications under § 2254 or state-court judgments.
  • Subsection (b)(3) specifies the appellate authorization procedure.
  • Subsection (b)(4) requires post-authorization district-court screening under the statute.

Material limitations

The statute must be read with § 2255(h) and Bowe v. United States before applying any § 2244 rule to a federal prisoner's successive § 2255 motion. The thirty-day language in § 2244(b)(3)(D) is recorded as a statutory command; this card does not state a remedy for appellate noncompliance.

Official source

OLRC preliminary edition, laws in effect August 11, 2026: https://www.govinfo.gov/link/uscode/28/2244