Barnes v. Briley’s Empirical Analysis

Citation profile

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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Since Barnes’s first petition was dismissed, we have specifically rejected the legal grounds on which Judge Shadur dismissed Barnes’s first petition. In Jones v. Bertrand, 171 F.3d 499 (7th Cir.1999), we held that, for statute of limitations purposes, an inmate’s petition for habeas relief need not be accompanied by the required filing fee or an in forma pauperis (“IFP”) application, so long as one or the other is sent within a reasonable time and there is no evidence of bad faith on petitioner’s part. In Barnes’s case, in April, 1997, he filed an IFP application with his petition for habeas relief, but the district court found that his request for IFP status could not have been filed in good faith because he had enough money in his account to pay the $5.00 filing fee. He paid the $5.00 fee in July, 1997. See United States ex rel. Barnes v. Gilmore, 987 F.Supp. at 682 (N.D.Ill.1997). However, Judge Shadur did not have the benefit of our decision in Jones v. Bertrand when rendering his decision. Thus, we are unsure whether his reference to Barnes’s lack of “good faith” is equivalent to “bad faith” within the meaning of Jones v. Bertrand. Therefore, we hereby vacate that dismissal and remand for further consideration in light of Jones v. Bertrand. If Barnes can establish that he has met the requirements of Jones , the district court should then consider the merits of his petition for habeas corpus relief.”

   1 later decision quote this exact passage
   e.g. 294 F. Supp. 2d 931 - United States Ex Rel. Barnes v. Briley