browder director dept corrections argued october decided january unsuccessful efforts overturn conviction direct appeal state collateral attack petitioner sought writ habeas corpus federal district october ordered release respondent corrections director custody unless state retried within days held evidentiary hearing based order habeas corpus petition respondent motion dismiss record days entry order respondent moved stay conditional release order evidentiary hearing district granted motion hearing ruled january writ habeas corpus properly issued respondent immediately filed notice appeal seeking review october january orders appeals reversed federal rule app proc require notice appeal civil case filed within days entry judgment order appeal taken rule running time filing appeal may tolled timely motion filed district pursuant fed rule civ proc held appeals lacked jurisdiction review original october order respondent motion stay evidentiary hearing essence motion rehearing reconsideration untimely rule hence toll running mandatory jurisdictional time limit rule pp october order final purposes provides appeal habeas corpus proceeding final order district discharged duty summarily hear determine facts granting habeas corpus petition record absence evidentiary hearing whether error render release order nonfinal pp habeas corpus civil proceeding rules applicable procedures set forth habeas corpus statutes apply pendency proceeding fed rule civ proc recognizes supremacy procedures federal rules habeas corpus statutes say nothing proper method obtaining correction asserted errors judgment whether appeal district accordingly timeliness respondent motion governed rule pp powell delivered opinion unanimous blackmun filed concurring opinion rehnquist joined post kenneth flaxman argued cause petitioner briefs john kalnins thomas meites frederick weisberg raymond mckoski assistant attorney general illinois argued cause respondent brief william scott attorney general donald mackay melbourne noel assistant attorneys general howard eglit filed brief chicago council lawyers amicus curiae justice powell delivered opinion case requires us decide whether appeals lacked jurisdiction review order directing petitioner discharge respondent custody respondent appeal untimely order resolve question must consider applicability federal rules civil procedure habeas corpus proceedings conclude appeals lacked jurisdiction reverse january teenage girl reported chicago police raped gave physical description assailants one officer told another officer one attackers named browder years old lived block west monroe basis information investigation police focused petitioner brother tyrone browder whose name files youth division chicago police department telephone conversation youth division officer lucille browder shifted officers suspicions tyrone petitioner browder agreed keep sons home police arrived talk four officers interviewed petitioner brother denied knowledge rape officers arrested brothers along two teenage negro males present browder home four arrestees taken police station another officer noticed petitioner fit description assailant rape taken place january separate lineups complainant identified petitioner assailant informed rights required miranda arizona petitioner confessed second rape denied committed rape january trial january rape petitioner moved unsuccessfully suppress lineup identification confession grounds unrelated lawfulness arrest petitioner challenge direct appeal however petitioner argued identification confession fruits unlawful arrest effected without probable cause without warrant illinois intermediate appellate invoked rule held petitioner waived claim petitioner efforts obtain review claim direct appeal illinois state collateral attack fared better petitioner met success last petitioned writ habeas corpus federal district october district issued opinion order directing petitioner released custody unless state retried within days hold evidentiary hearing found basis petition respondent motion dismiss record police lacked probable cause arrest petitioner evening january unable conclude taint unlawful arrest dissipated identification confession obtained held inadmissible november days entry district order respondent filed district motion stay execution writ habeas corpus conduct evidentiary hearing respondent submitted record inadequate district erred granting writ without first conducting evidentiary hearing determine fact petitioner arrested without probable cause whether confession thereby tainted app respondent cited townsend sain ex rel mcnair new jersey authority asserted right evidentiary hearing identify source authority consider motion district nevertheless entertained motion granted stay execution december december set date evidentiary hearing issue probable cause noted inadequacy record raised respondent motion dismiss concluded request evidentiary hearing denied solely untimely app petitioner moved immediately vacate orders granting stay evidentiary hearing ground lacked jurisdiction enter petitioner explained period time prescribed federal rules civil procedure motion new trial alter amend judgment elapsed district longer ha jurisdiction alter amend final order october orders whose vacatur sought void orders evidentiary hearing held nevertheless january january district ruled writ habeas corpus properly issued october motion reconsider therefore denied respondent immediately filed notice appeal seeking review order october well order january petitioner maintained consistently appeals lacked jurisdiction review original order granting relief since respondent notice appeal filed within days order time appeal tolled respondent untimely motion see supra even order january construed denial relief judgment fed rule civ proc appeal timely petitioner argued appeals jurisdiction review order abuse discretion respondent disclaimed reliance rule insisting instead order october final order timely appeal taken final order january appeals address question appellate jurisdiction except observe cryptic consider whether untimely appeal issue whether petitioner confession admissible brown illinois reversed district without published opinion holding police probable cause arrest petitioner judgt order reported rehearing denied granted certiorari ii fed rule app proc notice appeal civil case must filed within days entry judgment order appeal taken time limit mandatory jurisdictional robinson see also fallen coppedge schaefer brewing matton steamboat murphy george victor talking mach purpose rule clear set definite point time litigation shall end unless within time prescribed application made advise prospective appellees freed appellant demands construction statute defeat purpose matton steamboat supra running time filing notice appeal may tolled according terms rule timely motion filed district pursuant rule rule respondent motion stay evidentiary hearing filed days district order directing petitioner discharged untimely civil rules see supra therefore toll running time appeal rule appeals therefore lacked jurisdiction review order october respondent answers rules apply order october final event federal rules civil procedure apply habeas corpus proceeding consider contentions appeal habeas corpus proceeding lies final order district order october purported final granted petitioner application writ habeas corpus directed petitioner discharged state retry within days respondent contends however order final order leaving nothing done enforce execution determined catlin required procedures habeas corpus act completed time order issued brief respondent respondent cites decision townsend sain support contention october order considered final order left unresolved statutorily prescribed question whether evidentiary hearing required brief respondent respondent position confuses error nonfinality fails distinguish requirements habeas corpus statutes procedural means correcting asserted error fulfilling statutory command district discharged duty summarily hear determine facts granting petition record see walker johnston respondent failure assert need evidentiary hearing motion dismiss necessarily deprive right assert absence hearing reason reconsideration error appeal neither absence evidentiary hearing render district order nonfinal respondent correct theory finality order later alleged entered precipitately incomplete hearing considered nonfinal purposes appeal confusion result litigants divergent views completeness proceedings wholly odds imperative jurisdictional requirements explicit unambiguous since order october final order time appeal commenced run date respondent notice appeal therefore untimely days unless respondent motion november tolled time appeal rule rationale behind tolling principle rule traditional practice timely petition rehearing tolls running appeal period operates suspend finality judgment pending determination whether judgment modified alter adjudication rights parties department banking pink emphasis supplied untimely request rehearing effect respondent seeks avoid conclusion motion untimely civil rules therefore toll time appeal appellate rule asserting motion based rule rule federal rules civil procedure applicable habeas proceeding respondent failure rely particular rule making motion suffice make federal rules inapplicable respondent insistence motion based federal rules rather habeas corpus statutes townsend sain supra parallels theory nonfinality october order reflects failure recognize habeas corpus statutes prescribe postjudgment procedures pendency habeas proceeding procedure indeed set habeas corpus statutes fed rule civ proc recognizes supremacy statutory procedures federal rules procedures say nothing proper method obtaining correction asserted errors judgment whether appeal district respondent asserts motion november timely filed within period allowed appeal case dieter relying upon dieter respondent misconceives holding case followed healy held timely motion rehearing criminal case toll running time appeal dieter healy rule governed timeliness motion rehearing government criminal case effect motion time allowed appeal instead traditional virtually unquestioned practice dictated timely petition rehearing render original judgment nonfinal purposes appeal therefore toll time appeal dieter supra quoting healy supra absent rule specifying different time limit petition rehearing criminal case considered timely filed within original period review civil case however timeliness motion rehearing reconsideration governed rule rule allows days rule follows traditional virtually unquestioned practice requiring motion timely toll time appeal respondent maintained throughout federal rules civil procedure wholly inapplicable habeas think mistaken assumption well settled habeas corpus civil proceeding fisher baker ex parte tom tong see heflin perhaps recognition differences general civil litigation habeas corpus proceedings see harris nelson federal rules civil procedure apply habeas proceedings extent practice proceedings set forth statutes heretofore conformed practice civil actions fed rule civ proc see fed rule civ proc harris considered whether discovery procedure authorized fed rule civ proc available habeas corpus proceeding concluded intended scope federal rules civil procedure history habeas corpus procedure make clear rule must read exclude application rule habeas corpus proceedings thompson ins hand assumed without discussion rules applied proceeding admission citizenship habeas corpus proceeding applicability civil rules qualified rule although occasion hold rules applicable habeas corpus proceedings courts appeals uniformly held assumed rothman hunter thomas motion new trial custodian combined application time limit rule tolling principle rule predecessor fed rule civ proc resulted dismissal appeals dispositions habeas corpus petitions flint howard see also fitzsimmons yeager en banc cert denied munich see reason hold contrary statute addressed timeliness motion reconsider grant denial habeas corpus relief practice habeas corpus proceedings advent federal rules civil procedure conformed practice civil proceedings respect correction reopening judgment common law power alter amend judgments term original judgment rendered mayer bronson schulten ex parte lange wall basset wall rule applied habeas corpus cases see aderhold murphy tiberg warren amendments rules civil procedure abolished terms instead confined power district alter amend final order time period stated rules see advisory committee report rules abolishing term rule substitute indefiniteness contrary precise times independent term prescribed smith referring time limit prescribed federal rules criminal procedure new trial motions addition settled conformity habeas corpus civil proceedings respect time limits relief emphasis federal rules civil procedure speedy adjudication see fed rule civ proc parallels ideal swift flexible summary determination habeas corpus petitioner claim preiser rodriguez see also fay noia ex rel mattox scott wallace heinze cert denied rule particular based interest speedy disposition finality silk sandoval cert denied although aspects federal rules civil procedure may inappropriate habeas proceedings see harris nelson supra preiser supra requirement prompt motion reconsideration well suited special problems character proceedings harris nelson supra application strict time limits rules motions reconsideration rulings habeas corpus petitions thoroughly consistent spirit habeas corpus statutes respondent failed comply mandatory jurisdictional time limits judgment appeals must reversed david goldberger joel gora filed brief american civil liberties union amicus curiae urging reversal footnotes respondent moved dismiss habeas corpus petition failure state claim upon relief may granted pursuant rule federal rules civil procedure respondent base motion dismiss solely petitioner waiver claim unlawful arrest respondent also addressed merits fourth amendment claim district held petitioner failure raise issue trial bar habeas corpus relief found citing fay noia failure result deliberate tactical decision forgo claim untimeliness district apparently meant respondent failure request evidentiary hearing prior ruling october made mention federal rules civil procedure untimeliness respondent motion rules first mentioned petitioner motion vacate orders granting stay setting date evidentiary hearing motion new trial may made rule rule provides motion shall served later days entry judgment similarly pon motion party made later days entry judgment may amend findings make additional findings may amend judgment accordingly rule rule motion alter amend judgment shall served later days entry judgment since respondent neglected label motion impossible tell whether motion based rule rule rule rule prohibits enlargement time period prescribed rules three rules contain time limit unnecessary purposes decision determine whether respondent motion considered motion new trial motion amend make additional findings motion alter amend judgment shall refer motion one rehearing reconsideration essence relief requested see generally dieter petitioner acknowledged rule provides relief judgment certain enumerated circumstances may modify final order granting habeas relief ten day limit rules petitioner argued respondent motion insufficient rule asserted insufficiency motion made within reasonable time required rule significantly contain allegations qualify relief rule six categories respondent merely sought convince erred granting relief without holding evidentiary hearing respondent purpose introduce additional newly discovered evidence rule unlike rules contain time limit motion relief judgment rule however toll time appeal affect finality original judgment see moore federal practice pp thus district lost jurisdiction days entry october judgment grant relief rule power grant relief judgment rule still existed january timely appeal may taken fed rule app proc ruling rule motion appeals may review ruling abuse discretion however appeal denial rule relief bring underlying judgment review see daily mirror new york news cert denied brennan midwestern life ins cert denied moore federal practice pp respondent insisted throughout litigation motion evidentiary hearing based rule position derives part respondent consistently held view january final judgment relief sought obtained part view federal rules civil procedure applicable habeas corpus proceedings may respondent desired well avoid force petitioner arguments limited scope appellate review district disposition rule motion see supra event since respondent represented appeals motion based rule since district construe find unnecessary address question whether decision appeals sustained theory despite absence reference rule specified grounds action district reversible improper denial relief rule rule new federal rules governing cases provides federal rules civil procedure extent inconsistent rules may applied appropriate petitions filed rules undisputed fed rule app proc applicable habeas corpus proceedings see developments law federal habeas corpus harv rev stated walker johnston situations facts admitted may appear matter law prisoner entitled writ discharge several courts appeals acknowledged power federal district discharge habeas corpus petitioner state custody without conducting evidentiary hearing facts undisputed establish denial petitioner constitutional rights gladden gidley dictum ex rel meers wilkins marshall dorsey gill app cert denied express view whether district erred conducting evidentiary hearing issuing order directing petitioner conditional discharge see gladden supra hunter thomas see ex rel mcnair new jersey ex rel mitchell follette gladden supra better procedure course custodian indicate submission asking dismissal matter law proceedings deems entitled request denied mitchell supra see also mcnair supra gladden supra respondent contention traditional virtually unquestioned practice habeas corpus proceedings contemplates evidentiary hearing cases like one misunderstands import dieter healy resort traditional practice cases predicated explicitly absence relevant statute rule governing tolling time appeal nothing practice procedure underlying criminal trial rule governs procedure question problem addressed dieter healy absent respondent assume however rule applicable denominated original response habeas petition motion dismiss explicitly based rule see supra respondent conception lies heart view lack evidentiary hearing rendered order october nonfinal seems rule motion appropriate motion habeas corpus proceeding upon denial motion case proceed answer discovery trial view erroneous see preiser rodriguez custodian response habeas corpus petition like motion dismiss procedure responding application writ habeas corpus unlike procedure seeking correction judgment set forth habeas corpus statutes rule takes precedence federal rules justice blackmun justice rehnquist joins concurring join opinion add comment slightly altered circumstances respondent position might sustained fed rule civ proc done treating district december order order granting relief judgment order dated january entered january order reinstating judgment judgment thus newly entered respondent notice appeal timely fed rule app proc filed january see edwards louisiana cert denied district judge actions denominating december order one granting respondent motion stay execution writ january order one denying respondent motion reconsider obstacle district judge though noting respondent motion untimely app evidently intended permit issue probable cause light evidence presented state hearing set january obvious way district permit examination course set aside original october judgment rule though district made explicit finding standards rule satisfied deny sub silentio petitioner motion disputing applicability subsections arguably district judge might intended set aside october judgment unless january hearing turned evidence mandating change grant habeas district judge acted respondent motion conduct evidentiary hearing within days original judgment possibility granting retroactive extension time taking appeal still open appeals properly reluctant interpret district judge ambiguous succession orders intending preclude full appellate review habeas corpus determination sitting review appeals might well chosen treat december order one granting relief judgment difficulty effecting rescue appeals jurisdiction appeal january order respondent strenuously resisted aid respondent evidently fearing january order treated order declining set aside judgment rule rather order judgment already set aside december rule fearing scope review thus limited determining whether abuse discretion urged reply brief appeals point fact respondent motion filed rule filed pursuant townsend sain clear fac motion deepen difficulty respondent added indeed doubtful whether rule even applies habeas cases even respondent disavowed reliance rule evidently preferring bank possibility federal rules civil procedure governing timeliness found apply federal habeas proceedings brief opposition tr oral arg circumstances see obligation part attempt rescue respondent case rule basis