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)

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