Huggins v. Social Security Administration

Filing 23

ORDER that within 14 days of the date this Order is served, plaintiff shall either: (1) file his opening brief, or (2) otherwise show cause why this case should not be dismissed on inactivity and, thus, abandonment grounds. (Brief due by 9/12/2018.) Signed by Magistrate Judge G. R. Smith on 8/29/18. (Attachments: # 1 General Order for Social Security Appeals) (jrb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
DAVID LEE HUGGINS,

FILED
Scott L. Poff, Clerk
United States District Court

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Plaintiff,
v.

By jburrell at 1:11 pm, Aug 29, 2018

CV417-054

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NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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ORDER
Plaintiff filed his Complaint seeking review of a final decision of the
Commissioner of Social Security and his motion to proceed in forma
pauperis (IFP) in March 2017. Docs. 1 & 2. The Court, after screening,
granted IFP and permitted his Amended Complaint to be served by the
United States Marshal.

Doc. 11.

Plaintiff was also served with this

Court’s General Order in Social Security Appeals, which sets forth the
briefing schedule and requirements to which all Social Security appeal
plaintiffs (whether pro se or represented by counsel) must adhere. Doc.
4.

That Order explains that within 30 days of lodging of the

Administrative Record and filing of defendant’s answer to the complaint,
plaintiff must file his opening brief setting forth his entitlement to relief.

The Record was lodged and answer filed on June 12, 2018, yet plaintiff
has not filed his opening brief or requested more time to do so. See doc.
22 (letter to the Court explaining that he has unsuccessfully sought legal
assistance and thus has been delayed in pursuing litigation, but not
indicating he intends to file an opening brief). It is, in short, unclear
whether he intends to prosecute his case.
Within 14 days of the date this Order is served, plaintiff shall
either: (1) file his opening brief, or (2) otherwise show cause why this
case should not be dismissed on inactivity and, thus, abandonment
grounds. See Fed. R. Civ. P. 41(b); S.D. Ga. L.R. 41.1(c).; Link v. Wabash
R.R. Co., 370 U.S. 626, 630-31 (1962) (courts have the inherent authority
to dismiss claims for lack of prosecution); Mingo v. Sugar Cane Growers
Co-op, 864 F.2d 101, 102 (11th Cir. 1989); Jones v. Graham, 709 F.2d
1457, 1458 (11th Cir. 1983); Floyd v. United States, CV491-277 (S.D. Ga.
June 10, 1992).

Failure to respond to this Order will result in a

recommendation of dismissal of this action.

The Clerk is further

DIRECTED to serve plaintiff with an additional copy of the Court’s
General Order in Social Security Appeals, to re-apprise plaintiff of the
requirements of his opening brief.
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SO ORDERED, this 29th day of August, 2018.

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