Woods v. Herrick ( 2019 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Matthew Allen Woods, No. CV-18-08255-PCT-DJH (ESW) 10 Plaintiff, ORDER 11 v. 12 Stephanie Herrick, et al., 13 Defendants. 14 15 16 On June 14, 2019, the Court denied Plaintiff’s “Motion for Leave to Waive the 17 Formal Requirements of LRCiv 5.4” (Doc. 9) without prejudice as Plaintiff provided no 18 specific factual basis or any supporting documentation from which the Court reasonably 19 could find that a waiver of LRCiv 5.4 is warranted in this case. (Doc. 10). The Court has 20 reviewed Plaintiff’s July 1, 2019 filing (Doc. 12), which the Court construes as a renewed 21 “Motion for Leave to Waive the Formal Requirements of LRCiv 5.4.”1 Plaintiff has 22 submitted documentation indicating the prices of the prison commissary items and also has 23 submitted a copy of his inmate trust account. For good cause shown, 24 IT IS ORDERED granting Plaintiff’s July 1, 2019 Motion (Doc. 12). 25 1 The filing is captioned as a Motion for Reconsideration. However, “[a] motion for 26 reconsideration is not a vehicle to reargue the motion or to present evidence which should have been raised before.” Bermingham v. Sony Corp. of Am., Inc., 820 F.Supp. 834, 856 27 (D.N.J. 1992); see also Kona Enterprises, Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000) (a motion for reconsideration “may not be used to raise arguments or present 28 evidence for the first time when they could reasonably have been raised earlier in the litigation”). 1 IT IS FURTHER ORDERED waiving the requirements of LRCiv 5.4 as to Plaintiff. 3 Dated this 12th day of July, 2019. 4 Gy ir LA Bde 5 ited Stes sige Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-