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28 U.S.C. § 1651 — Writs

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1651 — Writs

**(a)** The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law. **(b)** An alternative writ or rule nisi may be issued by a justice or judge of a court which has jurisdiction.

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Stable record: federal_law:legal_authorities:record_usc_183eaf80c27a4c1d44edda58
Source file: Laws/federal/codes/united-states-code/title-28/section-1651-writs--7bf004ef13.md
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Source location: Title 28, Chapter 111, § 1651; chapter-111-general-provisions.md

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**(a)** The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law. **(b)** An alternative writ or rule nisi may be issued by a justice or judge of a court which has jurisdiction.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 376 — Annuities for survivors of certain judicial officials of the United States

**(a)** For the purposes of this section— (1) “judicial official” means: (A) a Justice or judge of the United States, as defined by [section 451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim); (B) a judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands; (C) a Director of the Administrative Office of the United States Courts, after he or she has filed a waiver under subsection (a) of [section 611 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section611&num=0&edition=prelim); (D) a Director of the Federal Judicial Center, after he or she has filed a waiver under subsection (a) of [section 627 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section627&num=0&edition=prelim); (E) a Counselor to the Chief Justice of the United States, after he or she has filed a waiver in accordance with both subsection (a) of section 677 and subsection (a) of [section 611 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section611&num=0&edition=prelim); (F) a full-time bankruptcy judge or a full-time United States magistrate judge; or (G) a judge of the United States Court of Federal Claims; who notifies the Director of the Administrative Office of the United States Courts in writing of his or her intention to come within the purview of this section within six months after (i) the date upon which he or she takes office, (ii) the date upon which he or she marries, (iii) January 1, 1977, (iv) October 1, 1986, (v) the date of the enactment of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrate

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 377 — Retirement of bankruptcy judges and magistrate judges

**(a) Retirement Based on Years of Service.—** A bankruptcy judge or magistrate judge to whom this section applies and who retires from office after attaining the age of 65 years and serving at least 14 years, whether continuously or otherwise, as such bankruptcy judge or magistrate judge shall, subject to subsection (f), be entitled to receive, during the remainder of the judge’s or magistrate judge’s lifetime, an annuity equal to the salary being received at the time the judge or magistrate judge leaves office. **(b) Retirement Upon Failure of Reappointment.—** A bankruptcy judge or magistrate judge to whom this section applies, who is not reappointed following the expiration of the term of office of such judge or magistrate judge, and who retires upon the completion of the term shall, subject to subsection (f), be entitled to receive, upon attaining the age of 65 years and during the remainder of such bankruptcy judge’s or magistrate judge’s lifetime, an annuity equal to that portion of the salary being received at the time the judge or magistrate judge leaves office which the aggregate number of years of service, not to exceed 14, bears to 14, if— (1) such judge or magistrate judge has served at least 1 full term as a bankruptcy judge or magistrate judge, and (2) not earlier than 9 months before the date on which the term of office of such judge or magistrate judge expires, and not later than 6 months before such date, such judge or magistrate judge notified the appointing authority in writing that such judge or magistrate judge was willing to accept reappointment to the position in which such judge or magistrate judge was serving. For purposes of this subsection, in the case of a bankruptcy judge, the written notice required by paragraph (2) shall be given to th

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2106 — Determination

The Supreme Court or any other court of appellate jurisdiction may affirm, modify, vacate, set aside or reverse any judgment, decree, or order of a court lawfully brought before it for review, and may remand the cause and direct the entry of such appropriate judgment, decree, or order, or require such further proceedings to be had as may be just under the circumstances.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2283 — Stay of State court proceedings

A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 3202 — Enforcement of judgments

(a) Enforcement Remedies.—A judgment may be enforced by any of the remedies set forth in this subchapter. A court may issue other writs pursuant to [section 1651 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1651&num=0&edition=prelim), United States Code, as necessary to support such remedies, subject to rule 81(b) of the Federal Rules of Civil Procedure.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 41305 — Hate crime statistics

**(a)** This Act may be cited as the “Hate Crime Statistics Act”. **(b)** (1) Under the authority of [section 534 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section534&num=0&edition=prelim), the Attorney General shall acquire data, for each calendar year, about crimes that manifest evidence of prejudice based on race, gender and gender identity, religion, disability, sexual orientation, or ethnicity, including where appropriate the crimes of murder, non-negligent manslaughter; forcible rape; aggravated assault, simple assault, intimidation; arson; and destruction, damage or vandalism of property. (2) The Attorney General shall establish guidelines for the collection of such data including the necessary evidence and criteria that must be present for a finding of manifest prejudice and procedures for carrying out the purposes of this section. (3) Nothing in this section creates a cause of action or a right to bring an action, including an action based on discrimination due to sexual orientation. As used in this section, the term “sexual orientation” means consensual homosexuality or heterosexuality. This subsection does not limit any existing cause of action or right to bring an action, including any action under the Administrative Procedure Act [[5 U.S.C. 551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim) et seq., 701 et seq.] or the All Writs Act [[28 U.S.C. 1651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1651&num=0&edition=prelim)]. (4) Data acquired under this section shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of an individual victim of a crime. (5) The Attorn

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1651 — Writs

Page 439 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1651 § 1631. Transfer to cure want of jurisdiction Whenever a civil action is filed in a court as defined in section 610 of this title or an appeal, including a petition for review of administrative action, is noticed for or filed with such a court and that court finds that there is a want of ju- risdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court (or, for cases within the juris- diction of the United States Tax Court, to that court) in which the action or appeal could have been brought at the time it was filed or noticed, and the action or appeal shall proceed as if it had been filed in or noticed for the court to which it is transferred on the date upon which it was actually filed in or noticed for the court from which it is transferred. (Added Pub. L. 97–164, title III, § 301(a), Apr. 2, 1982, 96 Stat. 55; amended Pub. L. 115–332, § 2, Dec. 19, 2018, 132 Stat. 4487.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–332 inserted ‘‘(or, for cases within the jurisdiction of the United States Tax Court, to that court)’’ after ‘‘any other such court’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amend- ment note under section 171 of this title. PART V—PROCEDURE Chap. Sec. 111. General Provisions ............................. 1651 113. Process ................................................... 1691 114. Class Actions ........................................ 1711 115. Evidence; Documentary .................... 1731 117. Evidence; Depositions ........................ 1781 119. Evidence; Witnesses ................

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