Henderson v. Commissioner of the Social Security Administration

Filing 22

ORDER Plaintiff and her counsel are directed to advise the court whether she wishes to continue with this case and to file a brief by January 31, 2012. Plaintiff and her counsel are further advised that if she fails to respond, this action will be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Shiva V Hodges on January 9, 2012. (cwil, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Lisa A. Henderson,
Plaintiff,
vs.

Michael J. Astrue, Commissioner of the
Social Security Administration,
Defendant.

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C/A No.: 1:11-1395-TMC-SVH

ORDER

Plaintiff brought this matter appealing a decision of the Commissioner of Social
Security on June 8, 2011. Defendant filed an answer and the administrative record of the
underlying social security proceedings on October 6, 2011. Pursuant to Local Civil Rule
83VII.04 (D.S.C.), Plaintiff’s brief was originally due on November 10, 2011. Plaintiff
moved for and was granted an extension until December 9, 2011 to file her brief. Plaintiff
failed to file a brief by December 9, 2011. The court inquired of Plaintiff’s counsel
whether a brief or another extension would be forthcoming and received no response.
Plaintiff has not yet filed a brief in this matter. As such, it appears to the court that
Plaintiff wishes to abandon this action. Based on the foregoing, Plaintiff and her counsel
are directed to advise the court whether she wishes to continue with this case and to file a
brief by January 31, 2012. Plaintiff and her counsel are further advised that if she fails to
respond, this action will be recommended for dismissal with prejudice for failure to
prosecute. See Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978); Fed. R. Civ. P. 41(b).

No further extensions will be granted absent extraordinary circumstances.
counsel’s workload does not constitute an exceptional circumstance.
IT IS SO ORDERED.

January 9, 2012
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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Plaintiff’s