James Lowell Oakes
How Judge Oakes rules, drawn from 30 signed orders. Every observation links to the order it came from.
Judge Oakes no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Oakes
James Lowell Oakes was a judge of the United States Court of Appeals for the Second Circuit. Appointed by President Richard M. Nixon, Judge Oakes received a commission on May 27, 1971. Judge Oakes previously served on the United States District Court for the District of Vermont, commissioned there on April 24, 1970. Judge Oakes assumed senior status on June 30, 1992 and served until death on October 13, 2007.
How Judge Oakes decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Cameron’s pro se prisoner appeal, he held that the district court had wrongly dismissed the civil-rights complaint as frivolous before service because neither a statute nor controlling precedent clearly foreclosed the liberally construed pleading.
“a federal judge should not dismiss a prisoner’s pro se, in forma pauperis claim as frivolous unless statute or controlling precedent clearly forecloses the pleading, liberally construed.”
Procedural preferences
In Cameron v. Fogarty, he reiterated the circuit’s disfavor of dismissing a prisoner’s complaint on the merits through screening before service.
“This court has previously indicated its disfavor with the use of the in forma pauperis screening procedure to dismiss prisoners’ complaints on the merits after filing and before service.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the judgment is affirmed.”
“Judgment affirmed; sentence on Count One vacated.”
“the petitions for review are denied.”
“Judgment reversed and cause remanded for a hearing by a different administrative law judge.”
“Judgment affirmed in part, and reversed and remanded in part for proceedings not inconsistent with this opinion.”
“The court erred in dismissing the petition under 28 U.S.C. § 1915, and the case is remanded.”
“The order of the BRB is therefore AFFIRMED.”
A historical record
Judge Oakes no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.