Jane M. Virden
How Judge Virden decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Social Security appeals, Virden looks for a genuine gap in the ALJ's function-by-function residual-functional-capacity analysis or unexamined post-hearing medical evidence before reversing -- a bare assertion of error, without record support, does not move her.
“the ALJ's RFC finding is not supported by substantial evidence in the record, particularly as there is no evidence indicating that the claimant can stand for six hours of an eight-hour workday.”
She will affirm the Commissioner even where a claimant identifies a specific medical opinion the ALJ discounted, if the ALJ adequately explained why that opinion was unpersuasive under the current regulatory framework and no contrary objective findings support it.
“because the ME, Dr. Savage, failed to cite relevant evidence supporting his RFC assessment, the ALJ properly found Dr. Savage's opinion was unpersuasive.”
On a motion to dismiss, Virden separates a curable pleading defect from an incurable jurisdictional one: she will hold a defendant's dismissal in abeyance and let the plaintiff move to amend when the problem is a thin complaint, but dismisses immediately and with prejudice when the defendant is immune or not a suable entity.
“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.”
Procedural preferences
Virden screens pro se prisoner complaints closely and will order a claimant to show cause or hold a Spears hearing before dismissing, rather than dismissing sight-unseen on the complaint's face alone.
“Plaintiff consented to United States Magistrate Judge jurisdiction in this case in accordance with 28 U.S.C. § 636(c), the undersigned has the authority to enter this order and the accompanying judgment.”
In her large Social Security consent docket she frequently resolves the case quickly once the Commissioner itself moves for a voluntary remand, entering judgment the same day or the next without further briefing.
“ORDER granting 5 Motion to Remand to Commissioner of Social Security Administration. Signed by Magistrate Judge Jane M. Virden on 8/6/2024.”
Cautions
Virden treats a numerosity shortfall as fatal to class certification even where the proposed class (here, 39 death-row inmates) exceeds the size some other courts have certified, exercising the trial court's broad discretion to keep a case an individual action.
“39 class members falls within a range of potential members which courts have found not to satisfy the condition of numerosity.”
She dismisses fantastic or delusional pro se allegations as frivolous under the PLRA without extended discovery, and separately will not let a prisoner-plaintiff assert claims belonging to a third party such as a family member.
“ordinarily a plaintiff “must assert his own legal rights and interests, and cannot rest his claim to relief on the legal rights or interests of third parties.””
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“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.”
Caseload & timing
From public federal docket records for this judge.
Median motion-to-ruling time: 193 days (N = 3).
Virden's enumerated docket shows a sustained, decade-plus run of consent-track Social Security disability appeals spanning her entire tenure (2011 through her current 2024-2025 caseload), alongside prisoner civil-rights complaints subject to preliminary PLRA screening, employment-discrimination suits, and diversity insurance and commercial-contract cases. Fourteen Social Security appeals sampled across her tenure were decided by her directly under 636(c) consent, split between affirmances of the Commissioner's denial of benefits and reversals or remands for further agency proceedings.
Put Judge Virden's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Virden actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Virden's own signed orders and cites them.