Scott v. Barnhart

Filing 25

ORDER: If Plaintiff wishes to pursue his appeal, he is ordered to file a brief in support of his appeal no later than February 6, 2012. Plaintiff is advised that if he fails to comply with this deadline, this undersigned may r ecommend that this matter be dismissed with prejudice for failure to prosecute. See Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978); Fed. R. Civ. P. 41(b). Additionally, because of the age of this appeal, all parties are advised that the court will not extend any remaining deadlines. Signed by Magistrate Judge Kaymani D West on 1/23/2012. (gnan, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Michael L. Scott,
Plaintiff,

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

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Civil Action No.: 5:05-3007-TLW-KDW

ORDER

On October 21, 2005, Plaintiff, appearing through counsel, filed this social security
appeal. (Entry 1.) On July 17, 2006, the court remanded this matter to the Commissioner
pursuant to sentence six of 42 U.S.C. § 405(g). (Entry 15.) On November 2, 2011, the court
granted the Commissioner’s motion to reopen the case. (Entries 16, 18.) The Commissioner filed
an answer and the administrative transcript on November 10, 2011 (Entry 19), and Plaintiff’s
brief in support of his appeal was due December 15, 2011. See id., Local Rule 83.VII.04
(D.S.C.). To date, Plaintiff has not filed his brief. Accordingly, it appears to the court that he may
wish to abandon this action. If Plaintiff wishes to pursue his appeal, he is ordered to file a brief in
support of his appeal no later than February 6, 2012. Plaintiff is advised that if he fails to
comply with this deadline, this undersigned may recommend that this matter be dismissed with
prejudice for failure to prosecute. See Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978); Fed. R.
Civ. P. 41(b). Additionally, because of the age of this appeal, all parties are advised that the court
will not extend any remaining deadlines.
IT IS SO ORDERED.

January 23, 2012
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge