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Green v. Comm'r of Social Security Administration

United States District Court, D. South Carolina

November 17, 2014

Samuel Green, Plaintiff,
v.
Commissioner of Social Security Administration, Defendant

For Samuel Green, Plaintiff: W Daniel Mayes, LEAD ATTORNEY, Smith Massey Brodie Thumond Guynn and Mayes, Aiken, SC.

For Commissioner of Social Security Administration, Defendant: Barbara Murcier Bowens, LEAD ATTORNEY, U.S. Attorneys Office, Columbia, SC.

ORDER

Paige J. Gossett, UNITED STATES MAGISTRATE JUDGE.

This social security action is before this court pursuant to 42 U.S.C. § 405(g) for review of a final decision of the Commissioner of the Social Security Administration (" Commissioner"). The plaintiff, who is represented by counsel, initiated this action and filed his Complaint on May 9, 2014. (ECF No. 1.) The Commissioner filed an answer along with a transcript of record on September 10, 2014. (ECF Nos. 5 & 6.)

The Local Rules of this District state that, after the filing of an answer, a plaintiff has thirty (30) days in which to file a written brief. Local Civil Rule 83.VII.04 DSC. The plaintiff's brief was due on or before October 14, 2014. On October 14, 2014 the plaintiff was granted additional time in which to file a brief until November 13, 2014. (ECF No. 8.) As of this date, the plaintiff has not filed a brief and has presented no argument as to why the decision by the Commissioner is not supported by substantial evidence. It therefore appears that the plaintiff does not wish to continue to prosecute this action. Accordingly,

IT IS ORDERED that the plaintiff shall have seven (7) days from the date of this order in which to file a brief. Failure to do so may result in a recommendation that this case be dismissed 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.


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