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28 U.S.C. § 452 — Courts always open; powers unrestricted by expiration of sessions
Federal law — U.S. Code and appendices · legal_authorities
All courts of the United States shall be deemed always open for the purpose of filing proper papers, issuing and returning process, and making motions and orders.
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Source file: Laws/federal/codes/united-states-code/title-28/section-452-courts-always-open-powers-unrestricted-by-expiration-of-sessions--776ca2448a.md
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Source location: Title 28, Chapter 21, § 452; chapter-021-general-provisions-applicable-to-courts-and-judges.md
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All courts of the United States shall be deemed always open for the purpose of filing proper papers, issuing and returning process, and making motions and orders.
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Federal law — U.S. Code and appendices · legal_authorities
Wisconsin is divided into two judicial districts to be known as the Eastern and Western districts of Wisconsin.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions. The order of a circuit judge shall be entered in the records of the district court of the district wherein the restraint complained of is had.
**(b)** The Supreme Court, any justice thereof, and any circuit judge may decline to entertain an application for a writ of habeas corpus and may transfer the application for hearing and determination to the district court having jurisdiction to entertain it.
**(c)** The writ of habeas corpus shall not extend to a prisoner unless—
(1) He is in custody under or by color of the authority of the United States or is committed for trial before some court thereof; or
(2) He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States; or
(3) He is in custody in violation of the Constitution or laws or treaties of the United States; or
(4) He, being a citizen of a foreign state and domiciled therein is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, order or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations; or
(5) It is necessary to bring him into court to testify or for trial.
**(d)** Where an application for a writ of habeas corpus is made by a person in custody under the judgment and sentence of a State court of a State which contains two or more Federal judicial districts, the application may be filed in the district court for the district wherein such person is in custody or in the district cour
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In a habeas corpus proceeding or a proceeding under section 2255 before a district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit in which the proceeding is held.
**(b)** There shall be no right of appeal from a final order in a proceeding to test the validity of a warrant to remove to another district or place for commitment or trial a person charged with a criminal offense against the United States, or to test the validity of such person’s detention pending removal proceedings.
**(c)**
(1) Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from—
(A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or
(B) the final order in a proceeding under section 2255.
(2) A certificate of appealability may issue under paragraph (1) only if the applicant has made a substantial showing of the denial of a constitutional right.
(3) The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2).
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Federal law — U.S. Code and appendices · legal_authorities
Alabama is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Alabama.
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Federal law — U.S. Code and appendices · legal_authorities
Florida is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Florida.
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Federal law — U.S. Code and appendices · legal_authorities
Page 153
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 452
ment Officers and Employees, the provisions of which
are covered by section 101 of Title 5, Government Orga-
nization and Employees.
AMENDMENTS
1982—Pub. L. 97–164 struck out references to the
Court of Claims and to the Court of Customs and Pat-
ent Appeals in the definitions of ‘‘court of the United
States’’ and ‘‘judge of the United States’’.
1980—Pub. L. 96–417 redesignated the Customs Court
as the Court of International Trade.
1978—Pub. L. 95–598 directed the amendment of sec-
tion by inserting references to bankruptcy courts and
bankruptcy judges, which amendment did not become
effective pursuant to section 402(b) of Pub. L. 95–598, as
amended, set out as an Effective Date note preceding
section 101 of Title 11, Bankruptcy.
1966—Pub. L. 89–571 removed the United States Dis-
trict Court for the District of Puerto Rico from the def-
inition of ‘‘court of the United States’’.
1959—Pub. L. 86–3 substituted ‘‘including the United
States District for the District of Puerto Rico’’ for ‘‘in-
cluding the district courts of the United States for the
districts of Hawaii and Puerto Rico’’ in provisions de-
fining ‘‘court of the United States’’.
Editorial Notes
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–164 effective Oct. 1, 1982,
see section 402 of Pub. L. 97–164, set out as a note under
section 171 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–417 effective Nov. 1, 1980,
and applicable with respect to civil actions pending on
or commenced on or after such date, see section 701(a)
of Pub. L. 96–417, set out as a note under section 251 of
this title.
EFFECTIVE DATE OF 1959 AMENDMENT
Pub. L. 86–3, § 10, Mar. 18, 1959, 73 Stat. 9, provided
that the amendme
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