Hafed v. Federal Bureau of Prisons

635 F.3d 1172

Opinion

FILED

United States Court of Appeals Tenth Circuit

PUBLISH

September 6, 2011

Elisabeth A. Shumaker

UNITED STATES CO URT O F APPEALS Clerk of Court

TENTH CIRCUIT

SHAABAN SHAABAN HAFED, Plaintiff-Appellant,

v. Nos. 09-1090 & 09-1365 (D.C. No. 1:07-CV-01499-ZLW -KM T)

FEDERAL BUREAU OF PRISONS; (D. Colo.) M ICHAEL M UKASEY; HARLEY LAPPIN; RON W ILEY; ROD BAUER, sued in their official capacities,

Defendants-Appellees.

O RDER

Before BRISCO E, Chief Judge, and BALDO CK, Circuit Judge.

On February 4, 2011, we granted appellant’s motion for an extension of time to pay the filing fee in No. 09-1365 and directed that the entire filing fee for No. 09-1365 must be paid no later than September 1, 2011. W e further notified appellant that his failure to pay the filing fee as directed would result in the dismissal of No. 09-1365 for failure to prosecute, and the dismissal of No. 09-1090 as moot. See Hafed v. Fed. Bur. of Prisons, 635 F.3d 1172, 1180 (10th Cir. 2011). Appellant has not paid the filing fee for No. 09-1365 as

2

directed. Accordingly, No. 09-1365 is dismissed for failure to prosecute, and No. 09-1090 is dismissed as moot.

Entered for the Court,

ELISABETH A. SHUM AKER, Clerk