Vernelis K. Armstrong
Judge Armstrong no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Armstrong decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On Social Security review she will recommend remand where the ALJ fails to develop or resolve the record -- in Ball she sent a childhood-SSI/ADHD denial back for the agency to consider the claimant's educational and medical history and current providers' diagnoses, and then found the government's defense of that denial not 'substantially justified' for EAJA purposes because the ALJ had failed to resolve conflicts in the medical evidence.
“the Government's position in denying Plaintiff benefits was not substantially justified as the Administrative Law Judge ('ALJ') failed to properly examine and resolve conflicts in the submitted medical evidence.”
On 2254 habeas she applies the standard procedural gateways strictly: a knowing and voluntary guilty plea (Tollett v. Henderson) forecloses pre-plea constitutional claims, and a state-court procedural bar (Ohio App. R. 5(A) delayed-appeal default, post Walker v. Martin) is an adequate and independent state ground that forecloses federal review.
“recommending that the Court deny Petitioner's Writ of Habeas Corpus and his Motion to Dismiss or Suspend Execution of Sentence.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“On June 4, 2013, the court adopted in full Magistrate Judge Vernelis K. Armstrong's Report and Recommendation and ordered the Commissioner to consider Plaintiff's childhood educational and medical history, as well as the evaluations and diagnoses of Plaintiff's current treatment providers regarding Plaintiff's possible Attention Deficit Hyperactivity Disorder ('ADHD') (ECF No. 17).”
“Magistrate Judge Armstrong found that the Government's position in denying Plaintiff benefits was not substantially justified as the Administrative Law Judge ('ALJ') failed to properly examine and resolve conflicts in the submitted medical evidence. ... the court adopts as its own the Magistrate Judge's R&R (ECF No. 22) and hereby awards Plaintiff $4,765.15.”
“The case was referred to Magistrate Judge Vernelis K. Armstrong for a Report and Recommendation. The Magistrate Judge subsequently issued a Report and Recommendation recommending that the Court deny Petitioner's Writ of Habeas Corpus and his Motion to Dismiss or Suspend Execution of Sentence. ... Petitioner's Petition for Habeas Corpus (ECF No. 1) is denied in its entirety.”
“Recommendation ('R&R') (Doc. No. 24) of Magistrate Judge Vernelis K. Armstrong, recommending denial of the petition for writ of habeas corpus, filed pursuant to [28 U.S.C. 2254].”
Caseload & timing
From public federal docket records for this judge.
The published sample of Judge Armstrong's written merits work includes state-prisoner habeas recommendations, Social Security recommendations, criminal plea-acceptance recommendations, and supervised-release matters. The plea-acceptance recommendations are ministerial and are not treated as civil motion outcomes.
A historical record
Judge Armstrong 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.