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 )

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