James Hardy Payne

U.S. District Court for the Eastern District of Oklahoma district Retired 2025 · served 2001–2025 Appointed by George W. Bush (Republican) 9 signed orders read

Judge Payne no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Payne decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In a habeas case built on decades-old, physically uncorroborated confessions, the court gave decisive weight to the total absence of physical evidence tying the petitioner to the crime, over confession testimony it found coerced and internally inconsistent.

“None of the physical evidence, including the body, linked Mr. Fontenot to Mrs. Haraway's disappearance or death... the Court finds no reasonable juror would have convicted the Petitioner.”

On a mistaken-diagnosis FMLA leave request, the court read the statute's protection to extend to a good-faith attempt to invoke leave even where the underlying condition later proves not to qualify, rejecting an employer's eligibility-based defense.

“It would be both unjust and contrary to the structure of the FMLA to prohibit a person in Plaintiff's position from pursuing either an interference, or retaliation claim pursuant to 29 U.S.C. Section 2615(a).”

Procedural preferences

Faced with a plaintiff's late voluntary-dismissal motion filed on the eve of a dispositive-motion deadline, the court granted it but imposed cost-shifting and pleading-preservation conditions on any future refiling to protect the defendant from prejudice.

“the Court has broad discretion to impose curative conditions... it would be manifestly unfair for the Court to provide Plaintiffs the opportunity to change their theories for recover in a later suit.”

Section 1983 claims against supervisory officials require specific, non-conclusory allegations of personal participation; generalized awareness of a policy or condition is not enough to survive a motion to dismiss.

“the court finds plaintiff's claims against Defendants Mary Fallin, Robert Patton, and David Parker must be dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6).”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Potts v. Franklin Electric Company
No. CIV 05-433-JHP · 2006-08-24
Summary judgment (defendant) Denied

“Accordingly, Defendant's Motion for Summary Judgment is denied.”

Guynes v. Board of County Commissioners of Okmulgee County, Oklahoma
No. CIV-06-447-JHP · 2008-02-06
Summary judgment (defendant) Granted

“Thus, summary judgment Defendant is granted as to the ADEA cause of action. ... Therefore, the Court finds Plaintiff's random drug screening was consistent with the DATA. Accordingly, Defendant's Motion for Summary Judgment is granted.”

Brown v. Knight
No. CIV 09-465-JHP-SPS · 2010-04-16

A 28 U.S.C. Section 1915A screening order in a state prisoner's Section 1983 conspiracy suit against private-party relatives and city police officers. The court dismissed the claims against the three private, non-state-actor defendants as frivolous and failing to state a claim, since the complaint itself alleged they were not acting under color of state law.

Hardage v. State of Oklahoma, et al.
No. CIV-11-295-JHP · 2012-04-02
Motions to dismiss (defendant) Granted

“The Court, after careful review of the pleadings, and based upon the reasons as more fully set forth in Defendant's Motion to Dismiss, finds that Plaintiff has failed to meet this standard and Defendant Jarrard Garrett's Motion to Dismiss (Dkt # 62) is GRANTED.”

Loden v. State Farm Fire and Casualty Company
Case No. CIV 11-438-JHP · 2012-10-31
Voluntary dismissal (plaintiff) Granted

“Plaintiffs' Motion for Order of Voluntary Dismissal is conditionally GRANTED. Accordingly, unless Plaintiffs timely withdraw their Motion for Order of Voluntary Dismissal, State Farm's Motion for Summary Judgment and Motion to Clarify are MOOT.”

Summary judgment (defendant) Moot / procedural

“unless Plaintiffs timely withdraw their Motion for Order of Voluntary Dismissal, State Farm's Motion for Summary Judgment and Motion to Clarify are MOOT.”

Cash v. United States of America
Case No. CIV-13-30-JHP · 2013-02-01
Motion to vacate 2255 (petitioner) Moot / procedural

“Finding that no extraordinary circumstances exist, and for purposes of judicial economy, this matter is hereby DISMISSED WITHOUT PREJUDICE. Petitioner may refile his Section 2255 motion within the proper limitations period after the conclusion of his direct appeal and certiorari petition, if any.”

Bonham v. Colvin
Case No. 13-CV-506-JHP-KEW · 2015-03-30
Social security review (plaintiff) Granted

“the Report and Recommendation entered by the United States Magistrate Judge on March 12, 2015, be AFFIRMED and ADOPTED by this Court as its Findings and Order and the decision of the Commissioner is REVERSED and the case REMANDED for further proceedings consistent herewith.”

Womble v. Chrisman
No. CIV 14-385-JHP-SPS · 2015-09-29
Motions to dismiss (defendant) Granted

“the court finds plaintiff's claims against Defendants Mary Fallin, Robert Patton, and David Parker must be dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6). ACCORDINGLY, Defendants Mary Fallin, Robert Patton, and David Parker's motion to dismiss (Docket No. 24) is GRANTED.”

Fontenot v. Allbaugh
CIV 16-069-JHP-KEW · 2019-08-21
Motions to dismiss (respondent) Denied

“Respondent's Motion to Dismiss Second Amended Petition is DENIED.”

Habeas petition (petitioner) Granted

“Mr. Fontenot's Second Amended Writ of Habeas Corpus is GRANTED and it shall issue, unless within one hundred twenty (120) days of the entry of this Order the State grants Petitioner a new trial or, in the alternative, orders his permanent release from custody.”

Nail v. Blue Donkey Transport, LLC
6:18-CV-00159-JHP · 2018-10-04
Motions to dismiss (defendant) Granted in part

“Defendants Blue Donkey Transport, LLC and Warren J. Lewis's Motion to Dismiss and Quash Service of Process (Dkt. 12) is DENIED in part and GRANTED in part. Pursuant to Fed. R. Civ. P. 12(a)(4), the Defendants are ordered to serve a responsive pleading to Plaintiff's Petition, with exception to the Punitive Damage claims which are DISMISSED, within 14 days of this Order.”

Caseload & timing

From public federal docket records for this judge.

Median motion-to-ruling time: 204 days (N = 6).

The sampled caseload is dominated by Social Security disability appeals and state-prisoner habeas and civil-rights suits, with a smaller share of general civil litigation: contract, employment (including a tribal-member age-discrimination suit), consumer-credit, insurance-adjacent disputes, and a tribal sovereignty/tax dispute over cigarette sales in Indian country.

A historical record

Judge Payne no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.