Gaillard v. Commissioner of the Social Security Administration
Filing
14
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 December 27, 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 12/11/2017. (gnan, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Vince Gaillard,
Plaintiff,
vs.
Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,
Defendant.
) Civil Action No. 5:17-cv-01731-MGL-KDW
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ORDER
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On June 30, 2017, Plaintiff, appearing through counsel, filed this action appealing denial
of social security benefits. Defendant filed an answer and copy of the administrative record on
November 2, 2017. ECF Nos. 9, 10. Plaintiff’s brief in support of his appeal was due by December
4, 2017. See Local Rule 83.VII.04 (D.S.C.); see also ECF No. 9. To date, however, Plaintiff has
not filed his brief, nor has counsel communicated with the court regarding the 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 December 27, 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.
December 11, 2017
Florence, South Carolina
Kaymani D. West
United States Magistrate Judge
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