Smith v. Commissioner of Social Security Administration

Filing 22

ORDER notifying the plaintiff that she shall have fourteen (14) days from the date of this order in which to file a brief. Signed by Magistrate Judge Paige J Gossett on 11/23/2011. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Linda Ware Smith,
Plaintiff,
vs.
Commissioner of the Social Security Administration,
Defendant.
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ORDER
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This social security action is before this court pursuant to 42 U.S.C § 405(g) for review of
a final decision of the Commissioner of the Social Security Administration (“Commissioner”). The
plaintiff, who is self-represented, initiated this action and filed her Complaint on March 24, 2011.
(ECF No. 1.) The Commissioner filed an answer along with a transcript of record on October 13,
2011. (ECF Nos. 19 & 20.)
The Local Rules of this District state that, after the filing of an answer, a plaintiff has thirty
(30) days in which to file a written brief. Local Civil Rule 83.VII.04 DSC. The plaintiff’s brief was
due on or before November 17, 2011. As of this date, the plaintiff has not filed a brief and has
presented no argument as to why the decision by the Commissioner is not supported by substantial
evidence. It therefore appears that the plaintiff does not wish to continue to prosecute this action.
Accordingly,

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IT IS ORDERED that the plaintiff shall have fourteen (14) days from the date of this order
in which to file a brief. Failure to do so may result in a recommendation that this case be
dismissed for failure to prosecute. See Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978); Fed.
R. Civ. P. 41(b).
IT IS SO ORDERED.

___________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
November 23, 2011
Columbia, South Carolina

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