No. 22-7871October Term 2023Decided Feb 20, 2024
In re Bowe
The Supreme Court did not answer the statutory question here; it simply declined to take the case.
Case status
- Current stage
- Decided
- Latest event
- Decision released Feb 20, 2024
- What it's about
This case involves whether a specific legal restriction on successive habeas corpus petitions applies to federal prisoners. The government conceded that the restriction under Section 2244(b)(1) only applies to state prisoners.
Question presented
Whether a specific legal restriction on successive habeas corpus petitions applies to federal prisoners.
- Case path
Decision released Feb 20, 2024
- Area
Criminal Procedure
Briefing
What it's about
The case asked whether 28 U.S.C. § 2244(b)(1), a limit on repeat habeas filings, also applies to federal prisoners using § 2255 motions. The Supreme Court finished this docket action without argument and declined review, so it did not decide that legal question on the merits.
Vote
The Court declined review without scheduled argument, and no vote breakdown or opinion lineup is provided here.
Impact
This matters to federal prisoners trying to bring a second post-conviction challenge after an earlier one. If the limit does not apply to them, some repeat claims may get another look in district court if a court of appeals first allows the filing.
What's next
The Court's work on this docket is over. The lower-court result stays in place, and any further action would have to come through other litigation or a future Supreme Court case raising the same issue.
What was the core dispute in In re Bowe?
The petition asked whether § 2244(b)(1)'s bar on some repeat habeas claims also applies to federal prisoners filing under § 2255. The government conceded that this bar applies only to state prisoners.
What are the real-world consequences of the Court declining review?
Federal prisoners do not get a nationwide Supreme Court answer from this case. Their ability to pursue repeat post-conviction claims still depends on lower-court rulings and gatekeeping by courts of appeals.
What happens next procedurally after this docket action?
Nothing more happens in the Supreme Court in this case. The lower-court outcome remains in place unless a new case on the same issue reaches the Court later.
Decision
What the Court decided
The Supreme Court did not answer the statutory question here; it simply declined to take the case.
Impact
This matters to federal prisoners trying to bring a second post-conviction challenge after an earlier one. If the limit does not apply to them, some repeat claims may get another look in district court if a court of appeals first allows the filing.
Not official Court text.
Opinion documents
Documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jun 2, 2026
- Method
- Methodology
Primary materials8
Supreme Court docket 22-7871
docket | Jun 2, 2026
Primary case document
Supreme Court document | Jun 2, 2026
CourtListener docket record
docket | Jun 2, 2026
In re Bowe
opinion | Feb 20, 2024
Opinion
opinion | Feb 20, 2024
Petition
brief | Jun 23, 2023
SupremeCourt.gov
official | Jun 2, 2026
SupremeCourt.gov
official | Jun 2, 2026