Collins Bey, Robert et al v. Hamblin, Gary et al

Filing 58

ORDER that Plaintiff Robert L. Collins Bey's motion for reconsideration, Dkt. 51 , is DENIED. The parties' joint motion to refer the case for mediation, Dkt. 57 , is DENIED as unnecessary. Signed by District Judge James D. Peterson on 12/18/2020. (lam),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

ROBERT L. COLLINS BEY,
Plaintiff,
v.
ANTHONY ASHWORTH and GARRIE TRATTLES,

ORDER
17-cv-784-jdp

Defendants.
Plaintiff Robert L. Collins Bey alleges that officials at Columbia Correctional Institution
violated his constitutional right to due process in a disciplinary proceeding that led to him
being placed in segregation for about a year. I granted in part and denied in part defendants’
motion for summary judgment, dismissing two defendants and leaving only claims that
defendant hearing examiners Anthony Ashworth and Garrie Trattles were biased against
Collins Bey. Dkt. 50.
While Collins Bey was still appearing pro se, he filed a motion for reconsideration of
various aspects of my summary judgment opinion. Dkt. 51. Since then, Collins Bey has
acquired counsel, but neither counsel nor Collins Bey himself submitted a brief in reply to this
motion by the court-issued deadline. It’s unclear whether Collins Bey has abandoned his
motion, but even if he hasn’t, I will deny it. Collins Bey objects to my characterization of
various factual issues about evidence presented at his disciplinary hearing, but none of his
arguments persuade me that I was incorrect in concluding that there was “some evidence” to
convict him of the disciplinary charge. And I denied defendants’ motion for summary judgment
on the claim that defendants Ashworth and Trattles were biased against him, so there is nothing
to reconsider with regard to that ruling.

The parties have filed a joint motion asking me to refer the case to a magistrate judge
for mediation. Dkt. 57. This court generally does not issue formal orders referring a case for
mediation, so I will deny the motion as unnecessary. But the parties are encouraged to contact
the clerk’s office to request that Magistrate Judge Peter Oppeneer conduct a mediation. More
information about court-sponsored mediation in this district is available at the court’s website:
https://www.wiwd.uscourts.gov/mediation.

ORDER
IT IS ORDERED that:
1. Plaintiff Robert L. Collins Bey’s motion for reconsideration, Dkt. 51, is DENIED.
2. The parties’ joint motion to refer the case for mediation, Dkt. 57, is DENIED as
unnecessary.
Entered December 18, 2020.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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