Davis v. Montgomery et al

Filing 13

ORDER denying pltf's 12 Motion for Reconsideration of the Order dismissing this action. Signed by Chief Judge J. Leon Holmes on 7/25/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION WILLIE GASTER DAVIS, JR., ADC #109028 v. PLAINTIFF No. 5:11CV00150 JLH/JTR BARBARA A. MONTGOMERY, Sergeant, Maximum Security Unit, et al. DEFENDANTS ORDER Willie Gaster Davis, Jr., has filed a motion for reconsideration of the Order dismissing his action. He asserts that the Court erred in failing to address his Sixth Amendment claim. The United States Supreme Court has held that inmates have no Sixth Amendment right to counsel at prison disciplinary proceedings. Baxter v. Palmigiano, 425 U.S. 308, 315, 96 S. Ct. 1551, 1556, 47 L. Ed. 2d 810 (1976); Wolff v. McDonnell, 418 U.S. 539, 570, 94 S. Ct. 2963, 2981, 41 L. Ed. 2d 935 (1974). Therefore, the motion for reconsideration is DENIED. Document #12. IT IS SO ORDERED this 25th day of July, 2011. J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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