Ladson v. Commissioner of the Social Security Administration

Filing 39

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 February 3, 2017. Plaintiff is advi sed that if he fails to comply with this deadline, the undersigned may recommend that this matter be dismissed with prejudice for failure to prosecute. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45, which makes Plaintiff's brief now due by February 6, 2017. Signed by Magistrate Judge Kaymani D West on 1/19//2017. (gnan ) Modified on 1/19/2017 to edit due date. (gnan ).

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Michael D. Ladson,
Plaintiff,

vs.
Carolyn W. Colvin, Acting Commissioner
of Social Security Administration,
Defendant.

) Civil Action No. 5:16-cv-01514-DCN-KDW
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ORDER
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On May 9, 2016, Plaintiff, appearing pro se, filed this action appealing the denial of
social security benefits. Defendant filed an Answer and copy of the administrative record on
December 1, 2016. ECF Nos. 29, 30. Plaintiff’s brief in support of his appeal 1 was due by
January 6, 2017. See Local Rule 83.VII.04 (D.S.C.); see also ECF No. 29. Plaintiff has not filed
his brief, nor has he otherwise communicated with the court regarding this deadline.
Accordingly, 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 February 3, 2017. 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. See Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978); Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.

January 19, 2017
Florence, South Carolina

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Kaymani D. West
United States Magistrate Judge

In its July 25, 2016 Order, the court listed the items this pro se Plaintiff should include in his
brief. ECF No. 3. The Clerk of Court is instructed to include a copy of ECF No. 3 with this
Order.