Smoak v. Commissioner of the Social Security Administration

Filing 12

ORDER: It appears to the court that Plaintiff may wish to abandon this action. If Plaintiff wishes to pursue her appeal, she is ordered to file a brief in support of his appeal no later than November 29, 2017. Plaintiff is advised that if she 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 11/15/2017. (gnan, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Kathy Lynn Smoak,
Plaintiff,

vs.
Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,
Defendant.

) Civil Action No. 5:17-cv-01170-JMC-KDW
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ORDER
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On May 4, 2017, Plaintiff, appearing through counsel, filed this action appealing her
denial of social security benefits. Defendant filed an Answer and copy of the administrative
record on September 5, 2017. ECF Nos. 5, 6. Plaintiff’s brief in support of her appeal was due by
October 5, 2017. See Local Civ. Rule 83.VII.04 (D.S.C.); see also ECF No. 5. On October 4,
2017, Plaintiff sought and received an extension, making her brief due November 6, 2017. ECF
Nos. 8, 9. To date, however, Plaintiff has not filed her 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 her appeal, she is ordered to file a brief in support of his appeal no later
than November 29, 2017. Plaintiff is advised that if she 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.

November 15, 2017
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge