Henry v. Lungren’s Empirical Analysis
164 F.3d 1240 · 1999
Citation profile
24 federal appellate · 4 district · 4 state decisions
How this case has been cited
Cited by 81 later decisions — most recently February 2023 · most notably Tuan Van Tran v. Gary Lindsey Salinas Valley State Prisons (2000), Roger Marsh v. Rick Soares (2000)
24 federal appellate · 4 district · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Preiser v. Rodriguez · Carafas v. J · Jones v. Cunningham · Maleng v. Cook · Duncan v. Henry
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 81 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“by reference to the date when he filed his first petition. Like Keating, Henry filed his original petition when he was clearly in custody and like Keating I, the original petition was dismissed without prejudice for failure to exhaust. Henry filed his second petition after his release from prison and discharge from parole, but he argued that he was in actual custody on the theory that the date he filed the earlier habeas was the operative date--not the date he filed the present petition. We disagreed, noting that”
1 later decision quote this exact passage · from the majority“[t]he district court's dismissal of Henry's original petition for failure to exhaust state remedies `terminated the litigation.' Farmer v. McDaniel, 98 F.3d 1548 ,1552 (9th Cir. 1996), cert. denied, 520 U.S. 1188, 117 S. Ct. 1474, 137 L. Ed. 2d 686 (1997). The relevant date is the date on which Henry filed the present, second petition.”
1 later decision quote this exact passage · from the majority“We therefore join with all the circuit courts which have addressed this issue, and hold that a habeas petition filed after a previous petition has been dismissed without prejudice for failure to exhaust state remedies does not relate back to the earlier petition.”
1 later decision quote this exact passage · from the majoritye.g. Rasberry v. Garcia
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.