Reed v. Commissioner of Social Security Administration

Filing 18

ORDER directing Plaintiff to file a brief by May 12, 2016 and warning that failure to file the brief by the revised final deadline may result in the case being recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Shiva V. Hodges on 05/10/2016. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Sheila Marie Reed,
Plaintiff,
vs.
Carolyn W. Colvin, Acting
Commissioner of Social Security
Administration,
Defendant.

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C/A No.: 1:15-4301-RMG-SVH

ORDER

This appeal from a denial of social security benefits is before the undersigned
pursuant to Local Civ. Rule 73.02(B)(2)(a) (D.S.C.). On October 20, 2015, Plaintiff
brought this action pursuant to 42 U.S.C. § 405(g) and § 1383(c)(3) to obtain judicial
review of the final decision of the Commissioner of Social Security (“Commissioner”)
denying her claim for Disability Insurance Benefits (“DIB”). [ECF No. 1]. The
Commissioner filed an answer and the administrative record of the underlying
proceedings on February 19, 2016. [ECF Nos. 8, 9, 10]. Pursuant to Local Civ. Rule 83
VII.04 (D.S.C.), Plaintiff’s brief was due on March 24, 2016. [ECF No. 8]. Plaintiff’s
counsel requested and received extensions of the deadlines on March 22, 2016, and April
21, 2016, making the brief due on May 9, 2016. [ECF Nos. 11, 12, 15, 16]. Plaintiff has
not yet filed a brief in this matter. Therefore, Plaintiff is directed to file a brief by May
12, 2016, and is warned that failure to file the brief by the revised final deadline may
result in the case being recommended for dismissal with prejudice for failure to
prosecute.

Plaintiff’s counsel has repeatedly failed to comply with the court’s deadlines.1
Despite recent rebuke from the court, Plaintiff’s counsel’s inaction in this case shows a
continued disregard for the court’s deadlines. See Stevens v. Commissioner of Social
Security Administration, No. 1:15-2823-BHH, ECF No. 19 (D.S.C. Feb. 3, 2016). In
consideration of Plaintiff’s counsel’s course of conduct, he is advised that his future
failure to meet deadlines will result in the undersigned’s recommendation that his
attorney’s fees be reduced.
IT IS SO ORDERED.

May 10, 2016
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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In the last two years, Plaintiff’s counsel has failed to meet the deadline for filing briefs
in 11 cases assigned to this Magistrate Judge. See Hedwin v. Commissioner of Social
Security Administration, No. 1:13-2466-RMG, ECF No. 18 (D.S.C. May 28, 2014);
Hawkins v. Commissioner of Social Security Administration, No. 1:13-2966-BHH, ECF
No. 18 (D.S.C. May 28, 2014); Woodby v. Commissioner of Social Security
Administration, No. 1:14-952-RMG, ECF No. 18 (D.S.C. August 22, 2014); Butler v.
Commissioner of Social Security Administration, No. 1:14-1239-MGL, ECF No. 19
(D.S.C. October 30, 2014); Hightower v. Commissioner of Social Security
Administration, No. 1:14-2761-RBH, ECF No. 17 (D.S.C. Feb. 4, 2015); Smith v.
Commissioner of Social Security Administration, No. 1:14-4400-RBH, ECF No. 10
(D.S.C. June 1, 2015); Farmer v. Commissioner of Social Security Administration, No.
1:14-4898-BHH, ECF No. 12 (D.S.C. June 12, 2015); Camper v. Commissioner of Social
Security Administration, No. 1:14-4801-MGL, ECF No. 10 (D.S.C. June 30, 2015);
Jenkins v. Commissioner of Social Security Administration, No. 1:14-4880-JMC, ECF
No. 16 (D.S.C. July 23, 2015); Musgrove v. Commissioner of Social Security
Administration, No. 1:15-2275-JMC, ECF No. 18 (D.S.C. Jan. 5, 2016); Stevens v.
Commissioner of Social Security Administration, 1:15-2823-BHH, ECF No. 14 (D.S.C.
Jan. 29, 2016).
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