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28 U.S.C. § 2283 — Stay of State court proceedings
Federal law — U.S. Code and appendices · legal_authorities
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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Source file: Laws/federal/codes/united-states-code/title-28/section-2283-stay-of-state-court-proceedings--60d885d321.md
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Source location: Title 28, Chapter 155, § 2283; chapter-155-injunctions-three-judge-courts.md
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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
**(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
**(a)** The court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title. No provision of this title providing for the raising of an issue by a party in interest shall be construed to preclude the court from, sua sponte, taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules, or to prevent an abuse of process.
**(b)** Notwithstanding subsection (a) of this section, a court may not appoint a receiver in a case under this title.
**(c)** The ability of any district judge or other officer or employee of a district court to exercise any of the authority or responsibilities conferred upon the court under this title shall be determined by reference to the provisions relating to such judge, officer, or employee set forth in title 28. This subsection shall not be interpreted to exclude bankruptcy judges and other officers or employees appointed pursuant to chapter 6 of title 28 from its operation.
**(d)** The court, on its own motion or on the request of a party in interest—
(1) shall hold such status conferences as are necessary to further the expeditious and economical resolution of the case; and
(2) unless inconsistent with another provision of this title or with applicable Federal Rules of Bankruptcy Procedure, may issue an order at any such conference prescribing such limitations and conditions as the court deems appropriate to ensure that the case is handled expeditiously and economically, including an order that—
(A) sets the date by which the trustee must assume or reject an executory contract or unexpired lease; or
(B) in a case under chapter 11 of this title—
(i) sets a date by which the debtor, or trustee if one has been appointed
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Federal law — U.S. Code and appendices · legal_authorities
Page 586
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
[§§ 2281, 2282
1 So in original. Does not conform to section catchline.
(B) any second or successive application for
a writ of habeas corpus; and
(C) any redetermination of an application
for a writ of habeas corpus or related appeal
following a remand by the court of appeals en
banc or the Supreme Court for further pro-
ceedings, in which case the limitation period
shall run from the date the remand is ordered.
(3) The time limitations under this section
shall not be construed to entitle an applicant to
a stay of execution, to which the applicant
would otherwise not be entitled, for the purpose
of litigating any application or appeal.
(4)(A) The failure of a court to meet or comply
with a time limitation under this section shall
not be a ground for granting relief from a judg-
ment of conviction or sentence.
(B) The State may enforce a time limitation
under this section by applying for a writ of man-
damus to the Supreme Court.
(5) The Administrative Office of the United
States Courts shall submit to Congress an an-
nual report on the compliance by the courts of
appeals with the time limitations under this
section.
(Added Pub. L. 104–132, title I, § 107(a), Apr. 24,
1996, 110 Stat. 1224; amended Pub. L. 109–177, title
V, § 507(e), Mar. 9, 2006, 120 Stat. 251.)
Editorial Notes
AMENDMENTS
2006—Subsec. (b)(1)(A). Pub. L. 109–177 substituted
‘‘450 days after the date on which the application is
filed, or 60 days after the date on which the case is sub-
mitted for decision, whichever is earlier’’ for ‘‘180 days
after the date on which the application is filed’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2006 AMENDMENT
Amendment by Pub. L. 109–177 applicable to cases
pending on
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