Jane M. Virden

“the decision of the Commissioner of Social Security should be reversed because (1) the ALJ failed to conduct a function-by-function assessment before determining the claimant's residual functional capacity (‘RFC’), and said error was not harmless and (2) the ALJ's RFC finding is not supported by substantial evidence in the record... IT IS, THEREFORE, ORDERED AND ADJUDGED that this case is REVERSED and REMANDED for further proceedings.”

“For the reasons announced by the court on the record at the conclusion of the parties' oral argument this day, the court finds that the Commissioner's decision is supported by substantial evidence. Therefore, the decision of the Commissioner is hereby AFFIRMED.”

“IT IS, THEREFORE, ORDERED, that the motion to dismiss (Docket #5) is hereby GRANTED. Defendants, the Mississippi Department of Public Safety, the Mississippi Bureau of Narcotics, Marshal Fisher, in his official capacity, and Albert Santa Cruz, in his official capacity, are hereby dismissed with prejudice.”

“It is evident from a review of plaintiff's complaint that it fails to meet the requisite pleading standard... the court directs the clerk to withhold dismissal of Desoto County and Michael Garriga, in his official capacity as County Administrator of Desoto County for a period of thirty days. At the conclusion of thirty days, the court will either direct the clerk to dismiss the county defendants consistent herewith or to allow the case against them to proceed on the basis of the amended complaint, if any, is permitted.”

“United States Magistrate Judge Jane M. Virden issued a Report and Recommendation recommending that Diversicare Leasing Corporation's motion to dismiss be denied... the January 19, 2018, Report and Recommendation [14] is ADOPTED and Diversicare Leasing Corporation's motion to dismiss [11] is DENIED.”

“The court believes that this case should proceed as an action to determine whether this individual plaintiff's rights have been violated, rather than the rights of Death Row inmates, in general. As such, the plaintiff's request [17] to certify a class is DENIED.”

“Carruthers has failed to state a cognizable constitutional claim against any named defendant. Accordingly, the instant complaint is hereby DISMISSED, and all named defendants are DISMISSED with prejudice from this action. The instant dismissal shall count as a ‘STRIKE’ under 28 U.S.C. 1915(g).”

“the Court finds that this action should be DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted. This dismissal counts as a ‘strike’ under 28 U.S.C. § 1915(g).”

“The plaintiff's contentions regarding 5G weapons and placement of a ‘chip’ in him are clearly examples of ‘fantastic or delusional scenarios’ and form the basis for all of his claims... As such, the instant case will be dismissed as frivolous.”

“The Court has been advised by counsel that this action has been settled or is in the process of being settled. Therefore, it is not necessary that the action remain upon the calendar of the Court... IT IS ORDERED that the action is dismissed without prejudice.”

“Accordingly, the ALJ's decision shall be and is hereby AFFIRMED.”

“The Court, having considered the Commissioner's unopposed motion to remand [18], hereby orders that this case be REVERSED AND REMANDED under the fourth sentence of 42 U.S.C. § 405(g) to the Commissioner of Social Security for further consideration and administrative action.”