Hakeem Muhammad v. Pugh ( 2003 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
MAY 23 2003
TENTH CIRCUIT
PATRICK FISHER
Clerk
C. ELI-JAH HAKEEM
MUHAMMAD, also known as
Christopher Hijrah Mitchell,
Plaintiff-Appellant,
No. 03-1034
v.
(District of Colorado)
(D.C. No. 02-Z-1465)
M. V. PUGH, ADX-Warden; ADX-
MAILROOM INMATE SYSTEMS
MANAGER-OFFICERS; K. HAWK-
SAWYER, BOP - Director; BOP,
Office of Information and Privacy, et
al.; ADX-STEP-DOWN UNIT
SCREENING COMMITTEE, Unit
Operations (Programs); ADX-
ADMINISTRATIVE REMEDY
COORDINATOR; BCP-NCRO
ADMINISTRATIVE REMEDY
COORDINATOR; BOP-CENTRAL
OFFICE ADMINISTRATIVE
REMEDY COORDINATOR,
Defendants-Appellees.
ORDER AND JUDGMENT *
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
Before SEYMOUR, MURPHY, and O’BRIEN, Circuit Judges.
After examining appellant’s brief and the appellate record, this court has
determined unanimously that oral argument would not materially assist the
determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G).
The case is therefore ordered submitted without oral argument.
Appellant Eli-Jah Hakeem Muhammad, a federal prisoner incarcerated in
Colorado, filed a pro se complaint asserting violations of his federal civil rights.
The district court granted Muhammad’s motion to proceed in forma pauperis and
ordered Muhammad to pay an initial partial filing fee of $19.00 or show cause
why he had no means by which to pay the initial fee. See 28 U.S.C. § 1915(b)(1).
Muhammad was specifically directed that to show cause he was required to file a
current certified copy of his prison trust fund account statement. He was also
warned that his complaint would be dismissed if he failed to either pay the initial
partial filing fee or show cause within thirty days. Muhammad did not pay the
partial filing fee or provide the current trust fund account statement.
Consequently, the district court dismissed the complaint without prejudice.
Muhammad then brought this appeal.
In its order dismissing Muhammad’s complaint without prejudice, the
district court set out at length the numerous opportunities Muhammad was given
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to file a certified trust fund account statement. Although a certified copy of his
prison trust fund account statement is attached to the motion to proceed in forma
pauperis Muhammad has filed with this court, Muhammad does not provide a
comprehensible explanation for his failure to provide a copy of his trust fund
account statement to the district court pursuant to that court’s order. Accordingly,
this court affirms the district court’s dismissal of Muhammad’s complaint
without prejudice. Muhammad’s motion to proceed in forma pauperis on appeal
is granted. Muhammad is reminded that he remains obligated to continue making
partial payments until his appellate filing fee is paid in full. See id. § 1915(b).
ENTERED FOR THE COURT
Michael R. Murphy
Circuit Judge
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