McComas v. Commissioner of the Social Security Administration

Filing 41

ORDER for Plaintiff file a brief in support of her appeal no later than March 18, 2014. Plaintiff is advised that if she fails to comply with this deadline, this matter will be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Kaymani D West on 3/4/2014. (gnan ) (Modified on 3/4/2014 to edit text).

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Erica Lynn McComas,
Plaintiff,
vs.
Carolyn W. Colvin, Acting Commissioner
of Social Security Administration
Defendant.

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C/A No. 5:13-1349- JFA-KDW

ORDER

On May 17, 2013, Plaintiff, appearing pro se, filed this action appealing her denial of social
security benefits. ECF No. 1. On January 15, 2014, Defendant filed an answer and copy of the hearing
transcript, serving copies of both on Plaintiff by United States mail. ECF Nos. 37-38. Plaintiff’s brief
in support of her appeal was due by February 18, 2014. See Local Civil Rule 83.VII.04 (D.S.C.)
(noting plaintiff’s brief due 30 days after answer filed); see also ECF No. 37.
To date, Plaintiff has not filed her brief. Accordingly, it appears to the court that Plaintiff may
wish to abandon this action. If Plaintiff wishes to pursue her appeal, she is ordered to file a brief in
support of her appeal no later than March 18, 2014. Plaintiff is advised that if she fails to comply
with this deadline, this matter 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).
IT IS SO ORDERED.

March 4, 2014
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge