Michelle Smith v. Credit Union West

Summary

The United States District Court for the District of Arizona denied Michelle Smith’s motion for reconsideration of the denial of her application to proceed in forma pauperis. The court concluded that Plaintiff had not shown manifest error or demonstrated that paying the filing fee would require her to forgo the necessities of life. The court also denied her renewed request for procedural accommodations under the ADA as moot or premature.

Holdings

1. Reconsideration was unwarranted because Plaintiff did not demonstrate manifest error, newly available facts, or newly available legal authority. Plaintiff had not shown that she could not pay the $405 filing fee while still affording the necessities of life.
2. The renewed request for limited procedural accommodations was denied because Plaintiff did not address the court's prior analysis and showed no change in circumstances that would alter the prior determination that the requested accommodations appeared moot or premature.

Questions Presented

1. Whether Plaintiff demonstrated manifest error or newly presented facts or legal authority warranting reconsideration of the denial of in forma pauperis status.
2. Whether Plaintiff's renewed request for limited procedural accommodations under the ADA should be granted based on changed circumstances.

Disposition

other