United States District Court, D. Montana, Helena Division
L. CHRISTENSEN, CHIEF DISTRICT JUDGE UNITED STATES DISTRICT
Pending before the Court is Plaintiff Laurence Stewart's
Motion in Limine (Doc. 119), Motion for Clarification (Doc.
121), Motion to Serve Subpoenas without Full Names and Submit
Witness Fees After Service/Full Names is Discovered (Doc.
122), Subpoena Requests (Doc. 123), Motion to Direct
Responsibility for Plaintiffs Attire at Trial (Doc. 126), and
Supplemental Subpoena Request (Doc. 127).
Motion in Limine (Doc. 119)
Stewart seeks to exclude from trial the following evidence:
(1) Mr. Stewart's criminal convictions in both Montana
and Virginia (Doc. 120 at 1);
"[A]ny charges or accusations of crimes, that did or do
exist" (Doc. 120 at 2);
Stewart's institutional discipline record, "with the
exception of anything pertaining to STG activity or passing
contraband" (Doc. 120 at 2); (4) Mr. Stewart's
witnesses' criminal convictions (Doc. 120 at 3); (5) Mr.
Stewart's witnesses' institutional discipline
records, except for where Defendant Jovanovich or Montana
State Prison (MSP) Staff Sergeant Ronald McDonald "were
involved in the write up[, ] the write up was STG related [,
or] the write up, according to the witness, was retalitory
[sic] in nature or greatly exagerated [sic]" (Doc. 120
at 3); and (6) Accusations of misconduct regarding former MSP
Warden Michael Fletcher and evidence related to his departure
from MSP (Doc. 120 at 3).
Jovanovich does not object to Mr. Stewart's motion to
exclude any evidence of his criminal history and the criminal
history of his witnesses at trial. The motion will therefore
be granted as to the criminal history of Mr. Stewart and his
Court will reserve ruling on the other issues raised in Mr.
Stewart's motion until such time as the parties seek to
introduce any such evidence at trial.
Motions Regarding Trial Subpoenas (Docs. 121-123,
Stewart has four pending filings regarding subpoenas. First,
he filed a motion for clarification (Doc. 121). As the Court
has dealt with all pending issues in this Order, the motion
will be denied as moot.
Mr. Stewart filed a motion to serve subpoenas without full
names and to submit his witness fees after service and full
names are discovered. (Doc. 122.)Mr. Stewart indicates he has
incomplete information regarding several of his listed
witnesses. 28 U.S.C. § 1915 provides that, "[t]he
officers of the court shall issue and serve all
process." 28 U.S.C. § 1915(d). Mr. Stewart is
responsible, however, to provide "the necessary
information to help effectuate service." Puett v.
Blandford, 912 F.2d 270, 275 (9th Cir. 1990). As set
forth below, to the extent the location of these witnesses
can be determined, the Court will issue a subpoena for these
Stewart's seeks subpoenas for the following non-prisoner
witnesses: Sam Jovanovich, Ronald McDonald, Cheryl Bolton,
Myron Beeson, Michael Fletcher, and Chris Connell. Defendant
Jovanovich has listed Sam Jovanovich, Ronald McDonald, and
Chris Connell on his will-call witness list. Defendant will
be required to present these witnesses at trial and the Court
will not issue subpoenas for these individuals.
Bolton is a current employee of the Montana Department of
Corrections who is listed on Defendant's may call witness
list. The request for a subpoena for Ms. Bolton will be
granted but before the Court will issue that subpoena, Mr.
Stewart must provide the appropriate witness fee for Ms.
Bolton which includes $40.00 plus mileage for the distance
between her home or work address and the courthouse at a rate
of $0.58 per mile. See 28 U.S.C. § 1821(b),
(c)(2), (f); Tedder v. Odel,890 F.2d 210 (9th Cir.
1989). The Clerk of Court will be directed to provide Mr.
Stewart with a blank subpoena form. The Court will direct
service of the subpoena on Ms. Bolton once it receives the
completed subpoena form with a witness fee in the amount of
$103.80 ($40.00 witness fee plus mileage ($0.58 x 110 miles).
The United States Marshals require significant lead time for
service of subpoenas, especially in civil matters. As such,
if the Court does not receive the $103.80 mileage and witness
fee for Ms. Bolton on or before Friday, March 15, 2019, it
will not request the United States Marshals to serve that