§ Rule 1 Scope

Codes > United States Code > Title 28 > Part VI : Chapter 153 > Rules Governing : Rule 1

Rule 1. Scope

    (a) Cases Involving a Petition under 28 U.S.C. § 2254.These rules govern a petition for a writ of habeas corpus filed in a United States district court under 28 U.S.C. § 2254 by:

        (1) a person in custody under a state-court judgment who seeks a determination that the custody violates the Constitution, laws, or treaties of the United States; and

        (2) a person in custody under a state-court or federal-court judgment who seeks a determination that future custody under a state-court judgment would violate the Constitution, laws, or treaties of the United States.

    (b) Other Cases.The district court may apply any or all of these rules to a habeas corpus petition not covered by Rule 1(a).