duncan superintendent great meadow correctional facility walker argued march decided june time application state collateral review pending tolls limitation period filing federal habeas petitions april effective date antiterrorism effective death penalty act aedpa respondent state robbery conviction became final filed inter alia federal habeas petition district dismissed petition without prejudice apparent respondent exhausted available state remedies may without returned state respondent filed another federal habeas petition district dismissed petition respondent filed within reasonable time aedpa effective date reversing second circuit found respondent first federal habeas petition application collateral review tolled limitation period made current petition timely held federal habeas petition application state collateral review within meaning result toll limitation period pendency respondent first federal habeas petition begins language statute see williams taylor petitioner contention state applies entire phrase collateral review correct begin congress placed state phrase without specifically naming kind federal review fact aedpa provisions denominate expressly state federal proceedings see supplies strong evidence congress mentioned federal review expressly congress intended include federal review see bates respondent contrary construction render word state insignificant wholly superfluous duty give effect possible every word statute menasche makes reluctant treat statutory terms surplusage especially term occupies pivotal place statutory scheme word state federal habeas statute respondent rendition state operative effect scope clause precisely content read collateral review contrary second circuit characterization petitioner interpretation yield linguistic oddity state collateral review naturally yields understanding state collateral review reasoning phrase collateral review rendered meaningless refer federal habeas petitions depends incorrect premise state collateral review review ther collateral review include state civil commitment civil contempt order congress also may used collateral recognition diverse terminology different employ represent different forms collateral review available conviction examination aedpa provision establishing limitation period filing petitions state capital cases shows congress used disjunctive clause review collateral relief latter term possibly include anything federal within ambit petitioner construction also far consistent respondent aedpa purpose principles comity finality federalism respondent contends petitioner interpretation creates potential unfairness litigants file timely federal petitions dismissed without prejudice limitation period expired sole task one statutory construction light facts respondent never cured defects led dismissal first federal petition remaining nine months limitation period petitions contained different claims occasion address alternative scenarios pp reversed remanded delivered opinion rehnquist scalia kennedy souter thomas joined souter filed concurring opinion stevens filed opinion concurring part concurring judgment souter joined breyer filed dissenting opinion ginsburg joined george duncan superintendent great meadow correctional facility petitioner sherman walker writ certiorari appeals second circuit june justice delivered opinion title supp provides time properly filed application state collateral review respect pertinent judgment claim pending shall counted toward period limitation subsection case presents question whether federal habeas corpus petition application state collateral review within meaning provision several judgments conviction robbery entered respondent sherman walker new york state courts last convictions came june respondent pleaded guilty robbery first degree new york queens county respondent sentenced years prison conviction respondent unsuccessfully pursued number state remedies connection convictions unnecessary describe proceedings herein respondent last conviction affirmed june respondent later denied leave appeal new york appeals respondent also sought writ error coram nobis appellate division denied march respondent last conviction became final april prior april effective date antiterrorism effective death penalty act aedpa stat single document dated april respondent filed complaint rev stat petition habeas corpus district eastern district new york july district dismissed complaint petition without prejudice respect habeas petition district citing concluded respondent adequately set forth claim apparent respondent exhausted available state remedies district noted example respondent failed specify claims litigated state appellate proceedings relating robbery convictions may one year aedpa effective date respondent filed another federal habeas petition district undisputed respondent returned state since dismissal first federal habeas filing may district dismissed petition time barred respondent filed petition within reasonable time aedpa effective date appeals second circuit reversed district judgment reinstated habeas petition remanded case proceedings walker artuz appeals noted outset respondent conviction become final prior aedpa effective date april file federal habeas petition also observed exclusion limitation period time respondent first federal habeas petition pending district render instant habeas petition timely appeals held respondent first federal habeas petition tolled limitation period application collateral review within meaning characterized disjunctive collateral creating distinct break two kinds review also stated application word state collateral create linguistic oddity form construction state collateral review reasoned phrase collateral review meaningless refer federal habeas petitions therefore concluded word state modified appeals also found conflict interpretation statute purpose aedpa found instead construction promote goal encouraging petitioners file federal habeas applications soon possible granted certiorari resolve conflict second circuit decision decisions three courts appeals see jiminez rice grooms johnson per curiam jones morton one appeals since adopted second circuit view petrick martin reverse ii task construe congress enacted begin always language statute see williams taylor public employees retirement system ohio betts watt energy action ed foundation respondent reads apply word state term phrase collateral view properly filed federal habeas petition tolls limitation period petitioner contends word state applies entire phrase collateral review view properly filed federal habeas petition toll limitation period believe petitioner interpretation correct several reasons begin congress placed word state collateral review without specifically naming kind federal review essence respondent position congress used phrase collateral review incorporate federal habeas petitions class applications review toll limitation period comparison text language aedpa provisions supplies strong evidence congress intended include federal habeas petitions within scope congress mentioned federal review expressly several portions aedpa congress specifically used words state federal denote state federal proceedings example supp provides ineffectiveness incompetence counsel federal state collateral proceedings shall ground relief proceeding arising section likewise first sentence supp provides ineffectiveness incompetence counsel state federal proceedings capital case shall ground relief proceeding arising section second sentence limitation shall preclude appointment different counsel motion request prisoner phase state federal proceedings basis ineffectiveness incompetence counsel proceedings finally supp excuses state capital prisoner failure raise claim properly state failure based factual predicate discovered exercise due diligence time present claim state federal review section contrast employs word state word federal modifier review well settled congress includes particular language one section statute omits another section act generally presumed congress acts intentionally purposely disparate inclusion exclusion bates quoting russello find likely explanation congress omission word federal congress intend properly filed applications federal review toll limitation period anomalous say least congress usher federal review generic rubric collateral review statutory provision refers expressly state review denominating expressly state federal proceedings parts statute anomaly underscored fact words state federal likely small import congress drafts statute governs federal collateral review state judgments adopt respondent construction statute render word state insignificant wholly superfluous duty give effect possible every clause word statute menasche quoting montclair ramsdell see also williams taylor describing rule cardinal principle statutory construction market hoffman early bacon abridgment sect said statute upon whole construed prevented clause sentence word shall superfluous void thus reluctan treat statutory terms surplusage setting babbitt sweet home chapter communities great see also ratzlaf especially unwilling term occupies pivotal place statutory scheme word state federal habeas statute respondent rendition congress inclusion word state operative effect scope provision phrase state collateral review construed encompass state federal collateral review word state places constraint class applications review toll limitation period clause instead precisely content read collateral review made word state say congress singled applications state review one example universe applications collateral review approach however word state still nothing delimit entire class applications review toll limitation period construction word state nothing modify relegates state quite insignificant role statutory provision believe duty give word operative effect possible walters metropolitan ed enterprises requires context appeals characterized petitioner interpretation producing linguistic oddity state collateral review ungainly construction appeals believe congress intended nothing precludes application word state entire phrase collateral review regardless resulting construction one posits term collateral easily understood unit state applies state applies moreover petitioner interpretation compel verbal formula hypothesized appeals indeed ungainliness state collateral review good reason congress might avoided precise verbal formulation first place application word state phrase collateral review naturally yields understanding state collateral review appeals also reasoned petitioner reading statute fails give operative effect phrase collateral review claimed phrase collateral review meaningless refer federal habeas petitions ibid argument however fails depends incorrect premise form state collateral review state review within meaning contrary possible collateral review include review state judgment criminal conviction section limitation period applies application writ habeas corpus person custody pursuant judgment state section provides tolling pendency properly filed application state collateral review respect pertinent judgment claim nothing language provisions requires state judgment pursuant person custody criminal conviction ed supp terms apply custody pursuant state criminal conviction see person custody pursuant judgment state person custody pursuant judgment state person custody pursuant judgment state person custody pursuant judgment state incarceration pursuant state criminal conviction may far common familiar basis satisfaction custody requirement cases types state judgments pursuant person may held custody within meaning federal habeas statute example federal habeas corpus review may available challenge legality state order civil commitment state order civil contempt see francois henderson entertaining challenge brought federal habeas petition state commitment person mental institution upon verdict guilty reason insanity leonard hammond holding constitutional challenges civil contempt orders failure pay child support cognizable habeas corpus action types state judgments neither constitute require criminal convictions state collateral review available respect judgments strictly speaking review accordingly even state review means collateral review conviction provided state quoting barrett yearwood supp ed cal phrase collateral review need include federal habeas petitions order independent meaning congress also may employed construction collateral recognition diverse terminology different employ represent different forms collateral review available conviction jurisdictions term may denote particular procedure review conviction distinct forms conventionally considered postconviction review example florida employs procedure officially entitled motion vacate set aside correct sentence rule crim proc florida courts commonly referred rule motion motion relief distinguished procedure vehicles collateral review criminal conviction state petition habeas corpus see bryant state app petition habeas corpus used circumvent period filing motions relief finley state app remedy habeas corpus available substitute relief rule congress may refrained exclusive reliance term leave doubt tolling provision applies types state collateral review available conviction denominated parlance particular jurisdiction examination another aedpa provision also demonstrates collateral need refer form federal review order meaning title supp establishes limitation period filing petitions state capital cases arise jurisdictions meeting requirements section provides limitation period shall tolled date first petition review collateral relief filed final state disposition petition reference final state disposition petition makes clear petitions filed state petitions federal review toll limitation period capital cases congress therefore used phrases review collateral relief disjunctive clause term collateral whatever precise content possibly include anything federal within ambit illustration vitiates suggestion collateral relief review must include federal relief review order term significance apart review consideration competing constructions light aedpa purposes reinforces conclusion draw text petitioner interpretation statute consistent aedpa purpose principles comity finality federalism williams specifically petitioner construction promotes exhaustion state remedies respecting interest finality state judgments respondent interpretation however provision far less encourage exhaustion prior seeking federal habeas review hold greater potential hinder finality exhaustion requirement ensures state courts opportunity fully consider challenges state custodial judgment lower federal courts may entertain collateral attack upon judgment see boerckel exhaustion doctrine designed give state courts full fair opportunity resolve federal constitutional claims claims presented federal courts rose lundy rigorously enforced total exhaustion rule encourage state prisoners seek full relief first state courts thus giving courts first opportunity review claims constitutional error requirement principally designed protect state courts role enforcement federal law prevent disruption state judicial proceedings exhaustion rule promotes comity unseemly dual system government federal district upset state conviction without opportunity state courts correct constitutional violation ibid quoting darr burford see also supra comity thus dictates prisoner alleges continued confinement state conviction violates federal law state courts first opportunity review claim provide necessary relief limitation period quite plainly serves interest finality state judgments see generally calderon thompson provision reduces potential delay road finality restricting time prospective federal habeas petitioner seek federal habeas review tolling provision balances interests served exhaustion requirement limitation period section promotes exhaustion state remedies protecting state prisoner ability later apply federal habeas relief state remedies pursued time provision limits harm interest finality according tolling effect properly filed application state collateral review tolling limitation period pursuit state remedies pendency applications federal review provides powerful incentive litigants exhaust available state remedies proceeding lower federal courts statute construed give applications federal review tolling effect applications state collateral review furnish little incentive individuals seek relief state courts filing federal habeas petitions tolling provision instead indifferent state federal filings statutory provisions course still provide individuals good reason exhaust step design time respondent interpretation undermine interest finality creating potential delay adjudication claims diminution statutory incentives proceed first state also increase risk piecemeal litigation exhaustion requirement designed reduce cf rose observed strict enforcement exhaustion requirement encourage habeas petitioners exhaust claims state present federal single habeas petition ibid adopt respondent construction dilute efficacy exhaustion requirement achieving objective tolling limitation period federal habeas petition dismissed without prejudice thus create opportunities delay piecemeal litigation without advancing goals comity federalism exhaustion requirement serves believe congress designed statute manner appeals reasoned interpretation statute congress goal spur defendants file federal habeas petitions quickly view fails account sufficiently aepda clear purpose encourage litigants pursue claims state prior seeking federal collateral review see section limitation period tolling provision together exhaustion requirement encourage litigants first exhaust state remedies file federal habeas petitions soon possible respondent contends petitioner construction statute creates potential unfairness litigants file timely federal habeas petitions dismissed without prejudice limitation period expired sole task case one statutory construction upon examining language purpose statute convinced toll limitation period pendency federal habeas petition also note district dismissed respondent first federal habeas petition without prejudice respondent nine months remaining limitation period cure defects led dismissal undisputed however petitioner neither returned state filed nondefective federal habeas petition time elapsed respondent may federal habeas petition also contained claims different presented april petition light facts occasion address alternative scenarios respondent describes also occasion address question justice stevens raises concerning availability equitable tolling hold application federal habeas corpus review application state collateral review within meaning section therefore toll limitation period pendency respondent first federal habeas petition judgment appeals reversed case remanded proceedings consistent opinion ordered george duncan superintendent great meadow correctional facility petitioner sherman walker writ certiorari appeals second circuit june justice souter concurring although join opinion full joined justice stevens separate opinion pointing nothing bars district retaining jurisdiction pending complete exhaustion state remedies claim equitable tolling present serious issue facts different us george duncan superintendent great meadow correctional facility petitioner sherman walker writ certiorari appeals second circuit june justice stevens justice souter joins concurring part concurring judgment substantially reasons stated pages opinion agree better reading supp encompasses state applications collateral review thus holds application federal habeas corpus review application state collateral review within meaning ante write separately add two observations regarding equitable powers federal courts unaffected today decision construing single provision antiterrorism effective death penalty act aedpa stat first although decision rose lundy prescribed dismissal federal habeas corpus petitions containing unexhausted claims world reason district retain jurisdiction meritorious claim stay proceedings pending complete exhaustion state remedies indeed every reason aedpa gives district alternative simply denying petition containing unexhausted nonmeritorious claims see supp failure retain jurisdiction foreclose federal review meritorious claim lapse aedpa limitations period second despite suggestion tolling limitations period first federal habeas petition undermine purposes aedpa see ante neither narrow holding anything text legislative history aedpa precludes federal deeming limitations period tolled petition matter equity opinion address federal ability toll limitations period apart see ante furthermore federal might well conclude tolling appropriate based reasonable belief congress intended bar federal habeas review petitioners invoke jurisdiction within interval prescribed aedpa federal habeas corpus evolved product judicial doctrine statutory law see generally chemerinsky federal jurisdiction ed context aedpa limitations period terms runs date judgment became final see courts appeals uniformly created grace period running date aedpa enactment prisoners whose state convictions became final prior similarly federal courts may well conclude congress simply overlooked class petitioners whose timely filed habeas petitions remain pending district past limitations period dismissed belatedly realizes one claims see post breyer dissenting district courts average take days dismiss petitions procedural grounds remain pending years result equitable considerations may make appropriate federal courts fill perceived omission part congress tolling aedpa statute limitations unexhausted federal habeas petitions today ruling preclude possibility given limited issue presented case correspondingly limited concur holding understanding foreclose either safeguards potential injustice literal reading might otherwise produce george duncan superintendent great meadow correctional facility petitioner sherman walker writ certiorari appeals second circuit june justice breyer justice ginsburg joins dissenting federal habeas corpus statute limits period time state prisoner may file federal habeas petition one year ordinarily running time prisoner conviction becomes final state courts see supp section tolls period properly filed application state collateral review pending question us whether tolling provision applies federal well state collateral review proceedings words collateral review encompass federal habeas corpus proceedings believe understand conclusion one must understand legal issue us significant state prisoner ever want federal habeas corpus proceedings toll federal habeas corpus limitations period point tolling provide state prisoner adequate time file federal habeas petition petitioner already filed petition need tolling answer question problem gives rise issue us federal may required dismiss state prisoner federal habeas petition merits prisoner exhausted state collateral remedies every claim presented federal petition see supp requiring petitioners exhaust state remedies filing federal habeas petition cf rose lundy holding predecessor current district courts reach merits mixed petitions containing exhausted unexhausted claims dismissal means prisoner wishing pursue claim must return state pursue state remedies loses file federal habeas petition federal takes time statute tolls limitations period time prisoner proceeds state courts unless statute also tolls limitations period time defective petition pending federal state prisoner may find seeks return federal run time possibility purely theoretical justice department study indicates habeas petitions dismissed dismissed failure exhaust state remedies see dept justice office justice programs bureau justice statistics federal habeas corpus review challenging state criminal convictions hereinafter federal habeas corpus review take courts significant amount time dispose even petitions addressed merits average district courts took days dismiss petitions procedural grounds see also habeas petitions nearly half pending district six months longer pending two years thus words collateral review include federal collateral review large group federal habeas petitioners seeking return federal subsequent rejection unexhausted claim may find claims time barred moreover district courts vary substantially time take rule habeas petitions two identically situated prisoners receive opposite results prisoner prisoner file mixed petitions different district courts six months federal limitations period expires takes three months dismiss prisoner petition seven months dismiss prisoner petition prisoner able return federal exhausting state remedies prisoner due fault may hand words collateral review include federal collateral review state prisoners whose federal claims dismissed nonexhaustion simply add limitations period time previously spent state federal proceedings things equal able return federal pursuing state remedies remain available similarly situated prisoners suffer different outcomes simply file petitions different district courts statute language read tell us whether words state collateral review include federal habeas proceedings rather simply unclear whether congress intended word state modify review alone also modify collateral review majority believes indeed naturally read statute refers two distinct kinds applications applications state review applications collateral review broad category face include applications federal habeas review majority reading requires either unusual intonation state review slight rewrite language inserting word state appear collateral regardless believe either reading possible statute words singular plain meaning neither believe various interpretive canons majority appeals solve problem invoking principle congress acts intentionally purposely disparate inclusion particular words bates quoting russello majority attempts ascertain congress intent looking tolling provision statutory neighbors points provisions congress explicitly used words state federal together expressing intent cover kinds proceedings see ante citing supp reasons congress failure displays different intent statutory neighbors show congress wished unambiguously limit tolling state proceedings knew custis special tolling provision governing certain capital cases congress said explicitly limitations period tolled date first petition review collateral relief filed final state disposition petition thus making clear federal proceedings example petitions certiorari count supp emphasis added congress failure include similar qualification tolling provision show means provision cover federal state proceedings fact argument neighbors shows congress might spoken clearly prove statutory point majority also believes interpretation gives effect every word statute particular word state asks congress meant cover federal habeas review word state appear statute federal habeas proceedings form proceedings congress meant cover said collateral review see ante argument proves much one ask equal force congress intended exclude federal habeas proceedings word appear statute state proceedings form collateral review congress meant exclude federal collateral proceedings said state collateral review thereby clearly indicating phrase applies state proceedings fact kind argument viewed realistically gets us nowhere congress probably picked state proceedings universe collateral proceedings mentioned separately state proceedings salient example collateral proceedings understand understand whether universe congress picked state proceedings example universe collateral proceedings universe state collateral proceedings statute simply say indeed majority recognizes neither statute language application canons construction sufficient resolve problem concedes phrase collateral review construed state collateral review add little coverage words state review provide absence see ante noting state criminal conviction far common basis seeking federal habeas review majority resolves difficulty noting collateral review also include either review state civil confinement proceedings state review state refers name state habeas proceedings see ante difficult believe congress state civil proceedings mind given provisions within indicate congress saw criminal proceedings basic subject matter instance exceptions bar successive petitions seem presume petition issue challenges criminal conviction see supp requiring new rule constitutional law made retroactive cases collateral review requiring new evidence establishing constitutional error reasonable factfinder found applicant guilty underlying offense seem likely congress expected federal courts applying tolling provision construe review exclude state habeas petitions challenging convictions statute words state proceedings appear federal statute federal courts likely apply words whatever state proceedings fact fall within federal description whatever different labels different might choose attach simpler meaningful logical assume congress meant words collateral review cast wider net net wide enough include federal collateral proceedings precede dismissal nonexhaustion faced statutory ambiguity look statutory purposes order reach proper interpretation agree congress sought principles comity finality federalism ante quoting williams taylor also ask whether congress intended create kind unexhausted petition problem described outset answer congress enacted statute agree gave state prisoners full year plus duration state collateral proceedings file federal habeas corpus petition congress intended shorten time dramatically random perhaps erase altogether den ying petitioner protections great writ entirely lonchar thomas simply technical nature habeas rules led prisoner initially file petition wrong majority argument assumes congressional desire strengthen prisoners incentive file state first likely result today holding virtually every state prisoner already knows must first exhaust remedies imagine virtually try problem arises vast majority federal habeas petitions brought without legal representation see federal habeas corpus review finding habeas petitioners study pro se prisoners acting pro se often know whether change wording state federal petitions seen federal new claim better way stating old one often understand whether new facts brought forward federal petition reflect new claim better support old one insofar approach likely lead fewer improper federal petitions increased confusion prisoners hesitate change language state petitions add facts greater unfairness undercut one significant purpose provision us grant state prisoners fair reasonable time bring first federal habeas corpus petition likely prisoners deliberately seek delay repeatedly filing unexhausted petitions federal suggests see ante first prisoners sentence death vast majority habeas petitioners incentive delay adjudication claims rather prisoner principal interest obtaining speedy federal relief rose lundy thus interest reducing piecemeal litigation ante likely significantly furthered majority holding finally majority construction statute necessarily promote comity federal courts understanding dismissal nonexhaustion may mean loss opportunity federal habeas review may tend read ambiguous earlier proceedings adequately exhausted federal petition current claims similar reasons wherever possible may reach merits federal petition claims without sending petitioner back state exhaustion extent majority interpretation result lesser greater respect state interests majority refers addition creating pressure expedite consideration habeas petitions reach merits arguably exhausted claims impose heavier burden district courts justice stevens sound suggestions district courts hold mixed petitions abeyance employ equitable tolling see ante opinion concurring part concurring judgment properly ameliorate unfairness majority interpretation also add burdens district courts way simple tolling federal habeas petitions two recent cases assumed congress want deprive state prisoners first federal habeas corpus review interpreted statutory ambiguities accordingly stewart held federal habeas petition filed initial filing dismissed premature deemed second successive petition barred lest dismissal technical procedural reasons bar prisoner ever obtaining federal habeas review slack mcdaniel held federal habeas petition filed dismissal initial filing nonexhaustion deemed second successive petition lest complete exhaustion rule become unwary pro se prisoner quoting rose supra making assumption interpret ambiguous provision us permit tolling federal habeas petitions slack discerned purpose ambiguous statutory provision assuming absent contrary indication congressional purpose mirror reasonable human beings knowledgeable area law question kept purposes firmly foremost mind sought understand statute see slack supra supra refusing adopt interpretation whose implications habeas practice far reaching seemingly perverse today takes different approach approach looks primarily though exclusively linguistic canons dispel uncertainties caused ambiguity statutory language ambiguous believe priorities misplaced language dictionaries canons unilluminated purpose lead courts blind alleys producing rigid interpretations harm statute affects generalized approach bit bit divorce law needs lives values meant serve unfortunate result people live lives law light right slack see purpose key statute meaning understand congress intending wrong reverse interpretive priorities respect dissent footnotes see gaskins duval ross artuz burns morton brown angelone flores austin mitchell lindh murphy en banc rev grounds ford bowersox calderon district overruled grounds hoggro boone wilcox florida dept corrections question whether claim exhausted often difficult one prisoners unschooled immense complexities federal habeas corpus law see post breyer dissenting also district courts see morgan bennett disagreeing district conclusion claim exhausted bear boone thus resolved case based reading supp therefore reach question whether exercise equitable powers exclude time first habeas petition pending free consider issue remand