Roberts v. Commissioner of the Social Security Administration

Filing 19

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 March 9, 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. Signed by Magistrate Judge Kaymani D West on 2/23/2017. (gnan, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
James Kevin Roberts,
Plaintiff,
vs.
Commissioner of Social Security
Administration,
Defendant.

) Civil Action No. 5:16-cv-02801-RBH-KDW
)
)
)
)
)
ORDER
)
)
)
)
)
)

On August 11, 2016, Plaintiff, appearing through counsel, filed this action appealing a
denial of social security benefits. ECF No. 1. Defendant filed an answer and copy of the
administrative record on December 20, 2016. ECF Nos. 12, 13. Plaintiff’s brief in support of his
appeal was due by January 19, 2017. See Local Rule 83.VII.04 (D.S.C.); see also ECF No. 12.
The time for filing Plaintiff’s brief was extended to February 21, 2017 on motion of counsel.
ECF No. 17. To date, however, Plaintiff has not filed his brief, nor has counsel communicated
with the court regarding the extended 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 March 9, 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.

February 23, 2017
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge