Deneen v. Commissioner of the Social Security Administration
Filing
16
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 October 2, 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 9/18/2018. (gnan, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Steven Jones Deneen,
Plaintiff,
vs.
Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,
Defendant.
) Civil Action No. 5:18-cv-00668-DCC-KDW
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ORDER
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On March 9, 2018, 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 July 11, 2018. ECF Nos. 9, 10. Plaintiff’s brief in support of her appeal was due by
August 10, 2018. See Local Rule 83.VII.04 (D.S.C.); see also ECF No. 9. On July 24, 2018,
Plaintiff sought and received an extension, making his brief due September 10, 2018. ECF Nos.
12, 13. 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 October 2, 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.
September 18, 2018
Florence, South Carolina
Kaymani D. West
United States Magistrate Judge
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