Morillo Cruz, David v. Emmerich

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DAVID MORILLO CRUZ,
Petitioner,
v.
WARDEN EMMERICH,
Respondent.
ORDER
Case No. 26-cv-48-jdp
Petitioner David Morillo Cruz seeks a writ of habeas corpus pursuant to 28 U.S.C.
§ 2241. 	Petitioner has neither paid the $5 filing fee nor requested leave to proceed without
prepayment of the filing fee. For this case to move forward, petitioner must pay the $5 filing
fee or submit a properly supported motion for leave to proceed without prepayment of the
filing fee no later than February 18, 2026. 	Any motion for leave to proceed without
prepayment of the filing fee must include a certified copy of an inmate trust fund account
statement (or institutional equivalent) for the six-month period beginning approximately July
30, 2025 through the date of the petition, January 20, 2026.
ORDER
IT IS ORDERED that:
1. 	Petitioner David Morillo Cruz may have until February 18, 2026, to pay
the $5 filing fee or submit a properly supported motion for leave to proceed without
prepayment of the filing fee.
Case: 3:26-cv-00048-jdp Document #: 2 Filed: 01/21/26 Page 1 of 2

2. 	If petitioner does not submit either the $5 payment or a motion for leave to
proceed without prepayment before February 18, 2026, I will assume that petitioner wishes to
withdraw this petition.
Entered this 21 st day of January, 2026.
BY THE COURT:
/s/
ANDREW R. WISEMAN
United States Magistrate Judge
Case: 3:26-cv-00048-jdp Document #: 2 Filed: 01/21/26 Page 2 of 2