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Hafer v. Colvin

United States District Court, D. South Carolina

July 24, 2015

Michael Rhine Hafer, Plaintiff,
v.
Carolyn W. Colvin, Acting Commissioner of Social Security Administration, Defendant.

ORDER

KAYMANI D. WEST, Magistrate Judge.

On October 8, 2014, Plaintiff, appearing through counsel, filed this action appealing a denial of social security benefits. Defendant filed an answer and copy of the administrative record on April 3, 2015. ECF Nos. 9, 10. Plaintiff's brief in support of his appeal was due by May 7, 2015. See Local Rule 83.VII.04 (D.S.C.); see also ECF No. 9. On April 6, 2015, Plaintiff sought, and was granted, an extension of time making his brief due June 8, 2015. ECF No. 13. On June 3, 2015, Plaintiff requested another exteension of time based on Defendant's representation that an amended transcript would be filed. ECF No. 15. That motion was granted, and Defendant filed an amended transcript on June 8, 2015, and an amended answer on June 8, 2015, making Plaintiff's brief due July 13, 2015.[1] See ECF No. 21. To date, however, Plaintiff has not filed his brrief, nor has counsel communicated further 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 filee a brief in support of his appeal no later than August 7, 2015. Plaintiff is advised that if he fails to comply with this deadline, the undersigned may recommend that this matter be dismissed with prejudice for failuure to prosecute. See Davis v. Williams, 588 F.2d 69, 70 (4th CCir. 1978); Fed.R.Civ.P. 41(b).

IT IS SO ORDERED.


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