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Cotter v. Commissioner of Social Security Administration

United States District Court, D. South Carolina

February 5, 2015

John Eugene Cotter, Plaintiff,
v.
Commissioner of Social Security Administration, Defendant.

ORDER

PAIGE J. GOSSETT, Magistrate Judge.

This social security action is before this court pursuant to 42 U.S.C ยง 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 July 15, 2014. (ECF No. 1.) The Commissioner filed an answer along with a transcript of record on November 17, 2014. (ECF Nos. 10 & 11.)

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 December 22, 2014. Plaintiff filed two motions requesting extensions of time, which the court granted, extending the deadline until February 4, 2015. (ECF Nos. 13 & 16.) 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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