Fowler v. Commissioner of Social Security Administration

Filing 18

ORDER the plaintiff shall have seven (7) 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. Signed by Magistrate Judge Paige J Gossett on 2/5/2014. (cwil, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
James Fowler,

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Plaintiff,
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v.
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Commissioner of Social Security,
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Defendant.
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_____________________________________ )

C/A No. 0:13-1726-JFA-PJG

ORDER

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 represented by an attorney, initiated this action and filed his Complaint on June 24,
2013. (ECF No. 1.) The Commissioner filed an answer along with a transcript of record on October
29, 2013. (ECF Nos. 10 & 11.)
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 requested
two extensions of time to file his brief, both of which were granted by Docket Text Order. (ECF
Nos. 13 & 16.) The plaintiff was directed to file his brief on or before January 20, 2014. 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 seven (7) 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
February 5, 2014
Columbia, South Carolina

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