Hafer v. Commissioner of the Social Security Administration

Filing 24

:ORDER: It appears to the court that Plaintiff 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 August 7, 2015. Plaintiff is advised that if he fails to comply with this deadline, the undersigned may recommend that this matter be dismissed with prejudice for failure to prosecute. Signed by Magistrate Judge Kaymani D West on 7/24/2015. (gnan )

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UN NITED STATES DISTR RICT COUR RT DISTRICT OF SOUTH C D O CAROLINA A Michael Rhine Hafe l er, Plaintiff, vs. Carolyn W. Colvin, Acting Com n mmissioner of Socia Security Administratio al A on, Defendan nt. ) Civil A Action No. 5:14-cv-3917 7-TLW-KDW W ) ) ) ) ) ORDER ) ) ) ) ) ) On October 8, 2014, Pla O 8 aintiff, appea aring throug counsel, filed this ac gh ction appeal ling a denial of social secu f urity benefits. Defendant filed an answer and copy of th administr d he rative record on April 3, 2015. ECF Nos. 9, 10. Plaintiff’s br in suppo of his ap n N P rief ort ppeal was du by ue May 7, 2015. See Lo Rule 83. 2 ocal .VII.04 (D.S S.C.); see als ECF No. 9. On April 6, 2015, Pla so aintiff sought, and was gran a nted, an exte ension of tim making h brief due June 8, 20 me his e 015. ECF No 13. o. On June 3, 2015, Plaintiff requested an e r nother exte ension of ti ime based on Defend dant’s represent tation that an amended transcript wo n t ould be filed ECF No. 1 That mot d. 15. tion was gra anted, and Defe endant filed an amended transcript on June 8, 2 d o 2015, and an amended a n answer on Ju 8, une 2015, ma aking Plainti iff’s brief du July 13, 2015.1 See E ue 2 ECF No. 21. To date, h however, Pla aintiff has not filed his br rief, nor has counsel communicate further w s ed with the cou regarding the urt g deadline. . Accordingly, it appears to the court that Plaint may wis to abando this actio If A t tiff sh on on. Plaintiff wishes to pu ursue his app peal, he is or rdered to file a brief in s e support of h appeal no later his o than Aug gust 7, 201 Plaintiff is advised that if he fails to com 15. mply with th deadline the his e, undersign ned may re ecommend that this matter be di m ismissed wi prejudic for failu to ith ce ure prosecute See Davis v. Williams, 588 F.2d 69, 70 (4th C 1978); Fe R. Civ. P 41(b). e. Cir. ed. P. IT IS SO ORD T DERED. July 24, 2015 2 Florence, South Caro olina 1 Kayman D. West ni United S States Magistrate Judge as Based on the secon extension Plaintiff had requested, his brief wa to be due by July 8, 2 o nd d , e 2015. See ECF No. 16. In this instanc however, the court u F ce, , uses the late due date o July 13, 2 er of 2015, which is based on the date Defen e ndant filed an amended a n answer. In an event, Pla ny aintiff has m missed the deadl for filing his brief. line g

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