At this point you may either (1) petition the U.S. Supreme Court to request a writ of Certiorari (i.e. Each state has a maximum amount of time that it can keep you in prison without filing formal charges.There is a oneyear time limit to file a federal habeas corpus petition under 28 USC s. 2254 (for state prisoners) or a motion under 28 USC s. Judiciary Law § 756. The moving papers must be served on the accused not less than 10 and no more than 30 days prior to the time set for the hearing. Are There Any Time Limits for Filing a 2255 Federal Habeas Petition? To a writ of habeas corpus, a federal court must apply the standard of review set forth in. That led me to believe that the issue had to do with the application of a time limit that the Court had control over.