Brown v. Commissioner of Social Security Administration

Filing 12

ORDER notifying the plaintiff she shall have seven (7) days from the date of this order in which to file a brief and that failure to do so may result in a recommendation that the case be dismissed for failure to prosecute. Signed by Magistrate Judge Paige J. Gossett on 08/22/2016. (bshr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Renetta R. Brown, ) ) Plaintiff, ) ) v. ) ) Carolyn W. Colvin, Acting Commissioner of ) Social Security Administration, ) ) Defendant. ) _____________________________________ ) C/A No. 0:16-746-CMC-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 Acting Commissioner of the Social Security Administration (“Commissioner”). The plaintiff, who is represented by counsel, initiated this action and filed her Complaint on March 8, 2016. (ECF No. 1.) The Commissioner filed an answer along with a transcript of record on July 12, 2016. (ECF Nos. 9, 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 (D.S.C.). The plaintiff’s brief was due on or before August 15, 2016. 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, 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 Page 1 of 2 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 August 22, 2016 Columbia, South Carolina Page 2 of 2

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