Hamilton v. Commissioner of the Social Security Administration

Filing 33

ORDER: Plaintiff has failed to file her Brief with the court. As such, it appears to the court that she wishes to abandon this action. Based on the foregoing, Plaintiff is directed to advise the court whether she wishes to con tinue with this case and to file a Plaintiffs Brief by July 26,2017. Plaintiff is further advised that if she fails to file her Brief, this action will be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Kaymani D West on 7/12/2017. (gnan, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

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Plaintiff,
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v.
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Nancy A. Berryhill,1 Acting Commissioner )
of Social Security,
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Respondent.
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Wilhelmina Cromwell Hamilton,

C/A No. 5:16-03471-RBH-KDW

ORDER

Plaintiff appeals the denial of social security benefits in this action. In the serve order,
see ECF No. 21 at 2, the following was explained to Plaintiff:
Under Local Civil Rule 83.VII.04 (D.S.C.), Plaintiff shall file a written brief
setting out her arguments in support of her claim that Social Security benefits
were improperly denied to her in the Clerk of Court’s Office within thirty (30)
days after Defendant files an answer to the Complaint. Defendant has forty
(40) days to file a responsive brief after service of Plaintiff’s brief. See Local
Civil Rule 83.VII.05 (D.S.C.). Plaintiff may file a reply brief within fourteen
(14) days of being served with Defendant’s responsive brief.
After service, on June 1, 2017, the Commissioner appeared, filing an answer, ECF No. 28,
and the Social Security Administrative Record (“the Record”), ECF No. 29. The
Commissioner served the answer and Record on Plaintiff along with Notice of Electronic
Filing (“NEF”) on June 1, 2017. See ECF No. 28 at 3. The NEF indicated: “Plaintiffs Brief
due by 7/3/2017. Add an additional 3 days only if served by mail or otherwise allowed under
Fed. R. Civ. P. 6.” Notwithstanding the serve order instructions and the filing deadline in the
NEF, Plaintiff has failed to file her Brief with the court. As such, it appears to the court that

1

Nancy A. Berryhill became the Acting Commissioner of Social Security on January 23,
2017. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the court substitutes
Nancy A. Berryhill for Carolyn W. Colvin as Defendant in this action.

she wishes to abandon this action. Based on the foregoing, Plaintiff is directed to advise the
court whether she wishes to continue with this case and to file a Plaintiff’s Brief by July 26,
2017. Plaintiff is further advised that if she fails to file her Brief, this action 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.

July 12, 2017
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge