Ross v. Commissioner of Social Security Administration

Filing 41

ORDER notifying plaintiff she shall have fourteen (14) days from the date of this order in which to file a brief and that failure to do so will result in dismissal of the Complaint for failure to prosecute. Signed by Magistrate Judge Paige J. Gossett on 09/18/2017. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Lisa Diane Ross,

)
)
Plaintiff,
)
)
v.
)
)
Michael J. Astrue,
)
Commissioner of Social Security,
)
)
Defendant.
)
_____________________________________ )

C/A No. 0:16-3632-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, Lisa Diane Ross, who is self-represented, initiated this action and filed her Complaint on
November 15, 2016.1 (ECF No. 1.) The Commissioner filed an Answer along with a transcript of
record on July 6, 2017. (ECF Nos. 35 & 36.)
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 7, 2017. The plaintiff filed a motion for an extension of time to file
her brief, which the court granted by docket text order on August 8, 2017, extending plaintiff’s time
in which to filed her brief until September 6, 2017. (ECF Nos. 37 & 38.) The plaintiff was
specifically warned that failure to file a brief may result in the dismissal of her case for failure to
prosecute. See Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978); Fed. R. Civ. P. 41(b). Despite
this warning, as of the date of this Order, the plaintiff has not filed a brief and has presented no

1

Ross subsequently filed two amendments to her initial Complaint. (ECF Nos. 14 & 26.)
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argument as to why the decision by the Commissioner is not supported by substantial evidence or
is controlled by legal error. It therefore appears that the plaintiff does not wish to continue to
prosecute this action. Accordingly,
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 will result in dismissal of the Complaint for failure to
prosecute. See Davis, 588 F.2d at 70 (4th Cir. 1978); Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.
___________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
September 18, 2017
Columbia, South Carolina

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