Davis v. Montgomery et al

Filing 19

ORDER denying pltf's 18 Motion to Vacate the Order denying his motion for reconsideration. Signed by Chief Judge J. Leon Holmes on 7/28/11. (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 to vacate the Order denying his motion for reconsideration, arguing that the Court misunderstood his claim when the Court said that he did not have a right to counsel under the Sixth Amendment in a disciplinary proceeding. Davis says that his Sixth Amendment claim is a claim that he was not notified of the charges and not given a fair hearing. The Court ruled on those complaints when it ruled on his claim that his due process rights under the Fourteenth Amendment were violated. Therefore, the motion to vacate is DENIED. Document #18. IT IS SO ORDERED this 28th day of July, 2011. J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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