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, )

Download PDF
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 ) ) ) ) ) ORDER ) ) ) ) ) ) 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?