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Opinion

govinfo:USCOURTS-mtd-9_25-cv-00065-0

U.S. District Court for the District of Montana · 2026-06-01

· GavelSight synced 2026-09-06 03:24:56



subpoenas to him on the information provided. In order for the Clerk to issue a 
subpoena, Webster must provide the name and address of the recipient. 
In addition, some of Webster's proposed recipients are inappropriate. At 
least two of the proposed witnesses appear speculative-the doctor who will do 
surgery, and the hospital administration. (Doc. 41 at 2.) Subpoenas will not be 
issued for unidentified individuals. Also, Webster has not justified the subpoena 
for his former counsel. As stated previously, Webster's identity is not before the 
Court. If he wishes to obtain information from his prior counsel he must do so 
directly and not by using this Court as an intermediary. 
Webster is referred to the Scheduling Order, which explains the procedure 
for him to obtain subpoenas and service thereof. (Doc. 21 at 6 - 7.) The Clerk of 
Court
 will provide him with additional subpoena forms. 
Webster also filed a subpoena duces tecum for Sheryl Ziegler, Commander 
at Missoula County Detention. (Doc. 41-1.) He appears to seek any video and 
audio evidence related to his time at Missoula County. Webster was previously 
advised that he may serve this subpoena on counsel for Defendant, who may also 
be counsel for Sheryl Ziegler and may waive formal service of the subpoena. (Doc. 
32.) If counsel does not waive such, Webster may move for service of the proper 
subpoena by the U.S. Marshals, but it is impossible to tell from Webster's current 
filing whether he has attempted to send this subpoena to counsel for Missoula 
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County, as previously directed by the Court. 
Webster also seeks service of subpoena for Sgt. Jared Poole of Adult 
Probation and Parole in Bozeman, Montana. (Doc. 41 at 4.) Webster does not 
explain why he needs to subpoena this person, and any connection between his 
claims at Missoula County Detention and this person are not apparently. 
Accordingly, the motion is denied, subject to renewal. 
Finally, Webster seeks a subpoena for staff of the Montana State Prison 
property room. (Doc. 45.) Webster does not specify what he needs from these staff 
and does not justify any subpoena to obtain it. The motion is denied. 
Accordingly, it is HEREBY ORDERED: 
1. Webster's motion for reconsideration is DENIED. (Doc. 34.)
2. Webster's motion to clarify is DENIED. (Doc. 37.)
3. Webster's motion for instructive aid is DENIED. (Doc. 38.)
4. Webster's motion to amend is GRANTED. (Doc. 40.) The Clerk of
Court is directed to file Doc. 40-1 as Webster's Third Amended Complaint. 
5. Webster's motion for summonses and subpoena is GRANTED in part,
and DENIED, in part, as described above. (Doc. 41.) The Clerk of Court is directed 
to provide Webster with five subpoena forms. 
6. Webster's motion for subpoena is DENIED. (Doc. 45.)
7. At all times, Webster must update the Court on any changes of
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