Cousin v. Lensing’s Empirical Analysis
310 F.3d 843 · 2002
Citation profile
23 federal appellate · 3 district · 2 state decisions
How this case has been cited
Cited by 66 later decisions (1 by the Supreme Court) — most recently February 2021 · most notably Modrowski v. Mote (2003), Lee v. Lampert (2011)
23 federal appellate · 3 district · 2 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
Relies on Coleman v. Thompson · Houston v. Lack · Griggs v. Provident Consumer Discount Co. · Osterneck v. Ernst & Whinney · Thompson v. Immigration and Naturalization Service
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Equitable tolling is permitted only ‘in rare and exceptional circumstances.’ Davis [v. Johnson], 158 F.3d [806] at 811 [ (5th Cir. 1998) ]. Cousin contends that neither he nor his attorneys received notice of the denial of his IFP [in forma pauperis] motion and therefore had.no way of knowing that the filing fee had become due. Cousin claims that this failure of notice was error by the district court sufficient to justify equitable tolling of the limitations period. Equitable tolling is warranted, however, only in situations ‘where the plaintiff is actively misled by the defendant ... or is prevented in some extraordinary way from asserting his' rights.’ Coleman v. Johnson, 184 F.3d 398, 403 (5th Cir. 1999).””
1 later decision quote this exact passage · from the majoritye.g. Ward v. State“'[t]he timeliness of [a] petition for purposes of application of the effective date of the AEDPA depends, not on a fee payment, but on when [the petitioner] delivered his papers to prison authorities for filing,' ” will not apply to”
1 later decision quote this exact passage · from the majority“‘is not an extraordinary circumstance such that equitable tolling ís justified.'”
1 later decision quote this exact passage · from the majoritye.g. Garcia v. Quarterman
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.