Malone v. Avenenti’s Empirical Analysis
850 F.2d 569 · 1988
Citation profile
47 federal appellate ·
How this case has been cited
Cited by 74 later decisions — most recently May 2022 · most notably United States v. Nunez (2000), Hard v. Burlington Northern Railroad (1989)
47 federal appellate ·
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 Haines v. Kerner · Estelle v. Smith · Arizona v. California · Riverbend Farms, Inc. v. Agricultural Labor Relations Board · Provenzano v. United States
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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The procedures set forth in rule 4 are strictly construed; there is no exception for prisoners proceeding pro se or for habeas corpus actions.”
3 later decisions quote this exact passage · from the majority“Where an appellant fails to file a [timely] notice of appeal ... and likewise fails effectively to move for an extension of time within the 30-day grace period set forth in rule 4(a)(5), this court must dismiss the appeal for lack of appellate jurisdiction.... The procedures set forth in rule 4 are strictly construed.”
2 later decisions quote this exact passage · from the majority“[w]here ... a decision remanding for further proceedings in the district court does not explicitly express the court's intention to retain jurisdiction ..., a litigant ... must file a new notice of appeal”
1 later decision quote this exact passage · from the majoritye.g. Parson v. Carlson
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.