Belanus v. Dutton et al

Filing 180

ORDER. Motion for Service of Process 169 denied in part; granted in part. Signed by Judge Dana L. Christensen on 11/6/2017. Mailed to Belanus; subpoenas forwarded to USMS with form 285 (TAG)

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FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
DUANE RONALD BELANUS,

Jiv OS 2017

c1el. u.s.
Di

District court
trict Of Montana
Missoula

CV 12-00065-H-lLC

Plaintiff,
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vs.

ORDER

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SHERIFF LEO DUTTON, et al.,
Defendants.

Mr. Belanus filed a Motion for Service of Process (Doc. 169) "ihich was
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granted in part on November 2, 2017. (Doc. 178.) On November 6, 21017, the
Court received money orders from Mr. Belanus to pay the witness fees for the
following witnesses: Daniel Hartford, Karma Laura Personette,

Clint~n Jay
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George, Steven Garrette Gibson, Kodie Matthew Baker, Dr. Jessica B~iley, Dr.
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Cynthia Boles, Dr. Theresa Schnee, Dr. Hash, Dr. Walker, Dr. Scott Perenian,
Palmer Hoovestal, Foster Lehman, William Loessberg, Seth Wenzel, Justin Crum,
Iven Cranmer, Andrew Blythe, Shana Standley, Lisa Hawthorne, TimlWest, Clair
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Swain, Brian Merritt, Scott Ferguson, Laurel Bulson, Leo Dutton, Jo~ Pallister,
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and Dr. David Krainacker.

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IT IS HEREBY ORDERED THAT Mr. Belanus's Motion for Service of

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Process (Doc. 169) is DENIED as to the subpoenas for the following Vfitnesses:
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Karma Laura Personette, Clinton Jay George, Steven Garrette Gibson, !Kodie
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Matthew Baker, Daniel Hartford, and Shana Standley because the Court will not
issue subpoenas to witnesses for whom no current address has been provided. Mr.
Belanus should advise the Court what he wants done with the six money orders for
these subpoenas that cannot be served.
IT IS FURTHER ORDERED THAT Mr. Belanus's Motion for ~ervice of
Process (Doc. 169) is DENIED as to the subpoena for Foster Lehman ~n Athens,
Texas because subpoenas may issue only to individuals who reside, are employed,
or who regularly transact business in the District of Montana. See Fed~ R. Civ. P.
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45(c)(3). Mr. Belanus should advise the Court what he wants done with the
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money order for Mr. Lehman.
IT IS FURTHER ORDERED THAT Mr. Belanus's Motion for Service of
Process (Doc. 169) is GRANTED as to the subpoenas for the following witnesses:
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Iven Cranmer, Andrew Blythe, Justin Crum, Clair Swain, Scott Ferguspn, Laurel
Bulson, Leo Dutton, Lisa Hawthorne, Tim West, and Brian Merrit. Tlie Clerk of
Court is directed to issue these subpoenas. Counsel for Defendants wiH accept
service of these subpoenas.
IT IS FURTHER ORDERED THAT Mr. Belanus's Motion for $ervice of
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Process (Doc. 169) is GRANTED as to the subpoenas for the following witnesses:
Dr. Jessica Bailey, Dr. Cynthia Boles, Dr. Theresa Schnee, Dr. Hash, J:?r. Walker,
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Dr. Scott Perenian, Palmer Hoovestal, William Loessberg, Seth Wenz(fl, Jon

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Pallister, and Dr. David Krainacker. The Clerk of Court is directed to issue the
subpoenas for these witnesses and provide the subpoenas and accompanying
money orders to the United States Marshals Service with a copy ofthi$ Order.
The United States Marshals Service or its designated agent shall perso~ally serve
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these subpoenas. Service by certified mail is not sufficient. Service shall be made
on or before November 17, 2017.
DATED this£ day ofNovember,

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17.

-L.~

Dana L. Christensen, Chief Dis tr ct Judge
United States District Court

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