Sinisterra Mosquera v. Emmerich et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

IBAN SINISTERRA MOSQUERA,

Petitioner,
v.

WARDEN E. EMMERICH and
IMMIGRATION and CUSTOMS
ENFORCEMENT,

Respondents.

ORDER

Case No. 26-cv -528-jdp

Petitioner Iban Sinisterra Mosquera seeks a writ of habeas corpus pursuant to 28 U.S.C.
§ 2241. Petitioner requests leave to proceed without prepayment of the filing fee. Petitioner
has supported this request with an affidavit of indigency and a six-month trust account
statement from the institution.
In determining whether to allow a prisoner to proceed without prepayment, this court
uses the formula set forth in 28 U.S.C. § 1915(b)(1). Using information for the relevant time
period from petitioner’s trust fund account statement, I find that petitioner is able to pay the
filing fee. Accordingly, I will deny petitioner’s application for leave to proceed without
prepayment of the filing fee. To proceed further on this habeas petition, petitioner must pay
the $5 filing fee. If petitioner fails to pay the fee by July 1, 2026, the petition, I will assume
that petition wishes to withdraw this petition.

Case: 3:26-cv-00528-jdp Document #: 10 Filed: 06/08/26 Page 1 of 2

ORDER
IT IS ORDERED that:
1. Petitioner Iban Sinisterra Mosquera’s motion for leave to proceed without
prepayment of the filing fee is DENIED. Petitioner has until July 1, 2026 in which to pay the
$5 filing fee.
2. If by July 1, 2026 petitioner fails to submit the $5 filing fee, I will assume that
petitioner wishes to withdraw this petition.

Entered this 8
th
day of June, 2026.

BY THE COURT:

/s/

ANDREW R. WISEMAN
United States Magistrate Judge

Case: 3:26-cv-00528-jdp Document #: 10 Filed: 06/08/26 Page 2 of 2