Frederick 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 January 23, 2018. 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 1/9/2018. (gnan, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Charles Frederick, Jr.,
Plaintiff,
vs.
Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,
Defendant.
) Civil Action No. 5:17-cv-01631-MBS-KDW
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ORDER
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On June 21, 2017, Plaintiff, appearing through counsel, filed this action appealing his
denial of social security benefits. Defendant filed an answer and copy of the administrative record
on October 20, 2017. ECF Nos. 9, 10. Plaintiff’s brief in support of his appeal was due by
November 20, 2017. See Local Rule 83.VII.04 (D.S.C.); see also ECF No. 11. On November 17,
2017, Plaintiff sought and received an extension, making his brief due December 20, 2017. ECF
Nos. 12, 13. On December 19, 2017, Plaintiff sought and received a second extension, making his
brief due January 3, 2018. ECF Nos. 15, 16. 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 January 23, 2018. 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 9, 2018
Florence, South Carolina
Kaymani D. West
United States Magistrate Judge
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