US federal district courts
What is the deadline for AEDPA one-year limitation, newly recognized retroactive right accrual?
AEDPA one-year limitation, newly recognized retroactive right accrual is governed by 28 U.S.C. 2244(d)(1)(C). This page does not calculate a date. Runs from the date the Supreme Court INITIALLY RECOGNIZED the right, not from the later decision holding it retroactive: Dodd v. Read the rule text and the noted conditions before relying on any date.
Read why no date is calculated- Period
- 1 year
- Trigger
- The date on which the constitutional right asserted was initially recognized by the Supreme Court, where newly recognized and made retroactively applicable to cases on collateral review
- Rule
- 28 U.S.C. 2244(d)(1)(C)
Federal Rules of Civil Procedure amended through 2025
Source guide · No automated date
Why this page does not calculate a date
Runs from the date the Supreme Court INITIALLY RECOGNIZED the right, not from the later decision holding it retroactive: Dodd v. United States, 545 U.S. 353 (2005). This can extinguish the limb before retroactivity is settled. Confirm the decision date and the retroactivity holding separately. Corrected on verification: Dodd v. United States, 545 U.S. 353 (2005) construed 28 U.S.C. 2255(f)(3), not 2244(d)(1)(C). The two limbs are identically worded and the circuits apply Dodd to 2244(d)(1)(C) by parity of language, but the citation is analogical rather than direct and should be presented as such.
Read 28 USC 2244"the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review"
28 U.S.C. 2244(d)(1)(C)
Which date starts the 1 year period?
The period runs from the date on which the constitutional right asserted was initially recognized by the Supreme Court, where newly recognized and made retroactively applicable to cases on collateral review.
For 28 U.S.C. 2244(d)(1)(C), count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read 28 USC 2244"the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review"
28 U.S.C. 2244(d)(1)(C)
This period runs from the specific event in the cited rule. Do not substitute a nearby date such as a hearing, a courtesy copy or the day you first learned of it. Confirm that event before applying 28 U.S.C. 2244(d)(1)(C).
Which date do I enter?How are the 1 year counted?
- 28 U.S.C. 2244(d)(1)(C). Exclude the day of the trigger event.
- Count every following day, including intermediate Saturdays, Sundays and legal holidays.
- If the last day is a Saturday, Sunday or legal holiday, continue to the next day that is not one of those.
The 28 U.S.C. 2244(d)(1)(C) record uses this method. Exclude the trigger day and count calendar days under FRCP 6(a).
For 28 U.S.C. 2244(d)(1)(C), if the final day is a Saturday, Sunday or legal holiday, FRCP 6(a) carries it to the next open day.
The supporting computation provision for 28 U.S.C. 2244(d)(1)(C) adds this boundary. Rule 6(a) also treats a day on which the clerk’s office is inaccessible as excluded from the last day, and sets the filing cutoff at midnight in the court’s time zone for electronic filing. The rule calculation does not confirm those court-specific facts.
Read FRCP 6(a)This guide explains the ordinary federal civil rule boundary. It does not calculate a date while the recorded branch or verification issue remains unresolved.
Review the filing checklistWhy no worked calculation is shown
No date is calculated on this page because the encoded provision could not be reduced to one fixed period. Read the rule text, the starting event and the noted branches, then confirm the period in the current rules before relying on any date.
Runs from the date the Supreme Court INITIALLY RECOGNIZED the right, not from the later decision holding it retroactive: Dodd v. United States, 545 U.S. 353 (2005). This can extinguish the limb before retroactivity is settled. Confirm the decision date and the retroactivity holding separately. Corrected on verification: Dodd v. United States, 545 U.S. 353 (2005) construed 28 U.S.C. 2255(f)(3), not 2244(d)(1)(C). The two limbs are identically worded and the circuits apply Dodd to 2244(d)(1)(C) by parity of language, but the citation is analogical rather than direct and should be presented as such.
Can an order, motion or extension change the deadline?
- Extensions
- Statutory tolling under 2244(d)(2); equitable tolling per Holland.
- Orders and local rules
- A scheduling order, approved stipulation, standing order or local rule can control over the ordinary period described by 28 U.S.C. 2244(d)(1)(C).
- Statutory tolling under 2244(d)(2); equitable tolling per Holland.
- A stipulation, scheduling order, standing order or local rule can control over the ordinary period described by 28 U.S.C. 2244(d)(1)(C).
- Runs from the date the Supreme Court INITIALLY RECOGNIZED the right, not from the later decision holding it retroactive: Dodd v. United States, 545 U.S. 353 (2005). This can extinguish the limb before retroactivity is settled. Confirm the decision date and the retroactivity holding separately. Corrected on verification: Dodd v. United States, 545 U.S. 353 (2005) construed 28 U.S.C. 2255(f)(3), not 2244(d)(1)(C). The two limbs are identically worded and the circuits apply Dodd to 2244(d)(1)(C) by parity of language, but the citation is analogical rather than direct and should be presented as such.
What should I check before filing?
Use these checks before relying on the 28 U.S.C. 2244(d)(1)(C) result. They do not activate a calendar date or certify that the rule applies.
Common questions
Find answers about the scope of 28 U.S.C. 2244(d)(1)(C), its recorded starting event and why this page does not produce a date.
Starting the clock
Does the clock start on the date on which the constitutional right asserted was initially recognized by the Supreme Court, where newly recognized and made retroactively applicable to cases on collateral review, or when I first learned of it?
Under 28 U.S.C. 2244(d)(1)(C), the period runs from the date on which the constitutional right asserted was initially recognized by the Supreme Court, where newly recognized and made retroactively applicable to cases on collateral review, not from the day you read about it, received a courtesy copy or attended a hearing. Use the date shown on the docket or in the service record.
Read 28 USC 2244Do I add three days because the document arrived by mail?
Not to the period under 28 U.S.C. 2244(d)(1)(C). FRCP 6(d) concerns periods measured after service. This period runs from the date on which the constitutional right asserted was initially recognized by the Supreme Court, where newly recognized and made retroactively applicable to cases on collateral review, so no mailing days are added.
FRCP 6(d)Counting days and filing
Which time zone and filing cutoff apply?
Under FRCP 6(a)(4), electronic filing ends at midnight in the court’s time zone unless a statute, local rule or court order sets a different time. Paper filing ends when the clerk’s office is scheduled to close. This calculator does not verify either fact. Confirm that boundary before relying on a 28 U.S.C. 2244(d)(1)(C) result.
FRCP 6(a)What if the court is inaccessible on the last day?
FRCP 6(a)(3) extends the period to the first accessible day that is not a weekend or legal holiday when the clerk’s office is inaccessible on the last day. Check the court’s closure notices and orders. The encoded holiday calendar does not establish an outage or local closure. This check remains separate from the ordinary 28 U.S.C. 2244(d)(1)(C) count.
FRCP 6(a)Extensions and local rules
Can the court extend this deadline?
Statutory tolling under 2244(d)(2); equitable tolling per Holland. A request does not itself extend the period under 28 U.S.C. 2244(d)(1)(C), and no discretionary extension is calculated here.
Read 28 USC 2244Do local rules, standing orders or a scheduling order change the date?
They can. A local rule, standing order or case-specific order can control over the ordinary period described by 28 U.S.C. 2244(d)(1)(C). This guide does not resolve those case-specific instructions.
Choosing the right calculator
Why does this source guide not calculate a date?
Runs from the date the Supreme Court INITIALLY RECOGNIZED the right, not from the later decision holding it retroactive: Dodd v. United States, 545 U.S. 353 (2005). This can extinguish the limb before retroactivity is settled. Confirm the decision date and the retroactivity holding separately. Corrected on verification: Dodd v. United States, 545 U.S. 353 (2005) construed 28 U.S.C. 2255(f)(3), not 2244(d)(1)(C). The two limbs are identically worded and the circuits apply Dodd to 2244(d)(1)(C) by parity of language, but the citation is analogical rather than direct and should be presented as such. The guide therefore shows the governing source and boundary without producing or selling a deadline.
Read 28 USC 2244Does this guide decide whether the rule applies to my case?
No. This guide explains the recorded scope of 28 U.S.C. 2244(d)(1)(C). It does not decide jurisdiction, resolve evidence, interpret an order or select an unsupported procedural branch.
Official sources and review
The period for 28 U.S.C. 2244(d)(1)(C) and its counting method come from the cited federal provisions. Official links open the court’s published rules and accessible rule text where available.
| Provision | Purpose |
|---|---|
| 28 U.S.C. 2244(d)(1)(C) | Trigger and period |
| FRCP 6(a) | Counting, legal holidays and the last day |
Published by Deadline Engine. This source guide explains the recorded boundary of 28 U.S.C. 2244(d)(1)(C). It does not calculate, sell or preserve a deadline.