Hafed v. Federal Bureau of Prisons , 635 F.3d 1172 ( 2011 )


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  •                                                                          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
    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
    -2-