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FRASIER v. COLVIN, 5:12-3295-MGL-KDW. (2013)

Court: District Court, D. South Carolina Number: infdco20130812872 Visitors: 4
Filed: Aug. 09, 2013
Latest Update: Aug. 09, 2013
Summary: ORDER KAYMANI D. WEST, Magistrate Judge. On November 16, 2012, Plaintiff, appearing through counsel, filed this action appealing her denial of social security benefits. Defendant filed an answer and copy of the administrative record on May 29, 2013. ECF Nos. 14, 15. Plaintiff's brief in support of her appeal was due by July 1, 2013. See Local Rule 83.VII.04 (D.S.C.); see alsso ECF No. 14. On July 1, 2013, Plaintiff sought and received an extension, making her brief due August 1, 2013. ECF
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ORDER

KAYMANI D. WEST, Magistrate Judge.

On November 16, 2012, Plaintiff, appearing through counsel, filed this action appealing her denial of social security benefits. Defendant filed an answer and copy of the administrative record on May 29, 2013. ECF Nos. 14, 15. Plaintiff's brief in support of her appeal was due by July 1, 2013. See Local Rule 83.VII.04 (D.S.C.); see alsso ECF No. 14. On July 1, 2013, Plaintiff sought and received an extension, making her brief due August 1, 2013. ECF Nos. 17, 188. To date, Plaintiff has not filed her brief, nor has counsel communicated with the court regarding the August 1, 2013 deadline.

Accordingly, it appears to the court that Plaintiff may wish to abandon this action. If Plaintiff wishes to pursue her appeal, she is ordered too file a brief in support of her appeal no later than August 23, 2013. Plaintiff is advised that if she 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.

FootNotes


1. Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the court substitutes Carolyn W. Colvin for Michael J. Astrue as Defendant in this action.
Source:  Leagle

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