Thomas v. Sillivent et al
| Fabian Antonio Thomas |
| Officer Skylar Sillivent, Officer Aaron Gillespie, Officer Russell Douglas, Officer Joaquin Reyes, Sergeant T. S. Vowell-Zundel and The City of The Colony, Texas |
| 4:2025cv01207 |
| November 4, 2025 |
| U.S. District Court for the Eastern District of Texas |
| Jeremy D Kernodle |
| John D Love |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 28, 2026. A more recent docket listing may be available from PACER.
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| Appeal Remark re: Counsel can access the record on appeal by following the instructions in the link. If an appearance wasn't made in the appellant court, counsel doesn't have access through the link. #Link to Instructions re #28 Notice of Appeal, : (baf) |
| NOTICE of certification of eROA provided to Fifth Circuit Court of Appeals. (baf) |
| Appeal Filing fee: $ 605, receipt number 280OU8EDA (rpc) |
| USCA Case Number 26-40136:NOTICE of Docketing Notice of Appeal from USCA re #28 Notice of Appeal, filed by Fabian Antonio Thomas. (baf) |
| Filing 28 NOTICE OF APPEAL to the Fifth Circuit as to #27 Judgment, #26 Order Adopting Report and Recommendations, by Fabian Antonio Thomas. (Fee not paid.) T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. USCA5 electronically notified. Copy of NOA to be sent by US Mail to appellees not electronically noticed. (baf) |
Filing 27
FINAL JUDGMENT. The Court, having considered Plaintiff's case and rendered its decision by opinion issued this same date, hereby enters FINAL JUDGMENT. It is ORDERED that Plaintiff's claims are DISMISSED with prejudice. All pending motions are DENIED as moot. Signed by District Judge Jeremy D. Kernodle on 3/2/2026. (baf)
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Filing 26
ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. It is hereby ORDERED that the Magistrate Judge's Report (Docket No. #24 ) is ADOPTED. Defendants' motions to dismiss (Docket Nos. #12 , #14 ) are GRANTED, and this matter is DISMISSED with prejudice. Final judgment will be entered by separate order. Signed by District Judge Jeremy D. Kernodle on 3/2/2026. (baf)
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| Clerk's Notice of Mailing - Doc(s) #27 , #26 mailed to FABIAN ANTONIO THOMAS at the address indicated on the NEF unless otherwise indicated. Mail type: Email. (baf) |
| Filing 25 OBJECTION to #24 Report and Recommendations by Fabian Antonio Thomas. (baf) |
| Filing 24 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. The court RECOMMENDS that Defendants' motions to dismiss (Doc. Nos. 12, 14) should be GRANTED. The court RECOMMENDS that Plaintiff's claims be dismissed with prejudice. Signed by Magistrate Judge John D. Love on 2/10/2026. (baf) |
| Clerk's Notice of Mailing - Doc(s) #24 mailed to FABIAN ANTONIO THOMAS at the address indicated on the NEF unless otherwise indicated. Mail type: Email. (baf) |
| Filing 23 FIRST AMENDED COMPLAINT against Russell Douglas, Aaron Gillespie, Joaquin Reyes, Skylar Sillivent, The City of The Colony, Texas, T. S. Vowell-Zundel, filed by Fabian Antonio Thomas.(rpc) |
| Filing 22 REPLY to Response re #14 MOTION to Dismiss filed by The City of The Colony, Texas. (Davis, Robert) |
| Filing 21 REPLY to Response re #12 MOTION to Dismiss filed by Russell Douglas, Aaron Gillespie, Joaquin Reyes, Skylar Sillivent, T. S. Vowell-Zundel. (Davis, Robert) |
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Filing 20
ORDER. Before the court is Defendants' motion to stay discovery pending a ruling on their 12(b)(6) motion pertaining to the issue of qualified immunity. (Doc. No. #15 .) Accordingly, Defendants' motion to stay (Doc. No. #15 ) is GRANTED. All deadlines in this matter are STAYED pending the court's resolution of Defendants' motion to dismiss. (Motion(s) #15 terminated). Signed by Magistrate Judge John D. Love on 2/4/2026. (jmb)
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| Filing 19 Plaintiff's Response in Opposition to Defendant City of The Colony, Texas' #14 MOTION to Dismiss filed by Fabian Antonio Thomas. (xl) |
| Filing 18 Plaintiff's Response to Defendants' #12 MOTION to Dismiss filed by Fabian Antonio Thomas. (xl) Modified on 2/2/2026 (xl). |
| Filing 17 Plaintiff's Response in Opposition to #15 MOTION to Stay Discovery and Abate Rule 26 Proceedings filed by Fabian Antonio Thomas. (Attachments: #1 Proposed Order)(xl) |
| Filing 16 Received Exhibit 7 (Flash Drive) to #12 Motion to Dismiss and placed in Sherman Vault. (baf) |
| Filing 15 MOTION to Stay Discovery pending resolution of qualified immunity by Russell Douglas, Aaron Gillespie, Joaquin Reyes, Skylar Sillivent, The City of The Colony, Texas, T. S. Vowell-Zundel. (Attachments: #1 Proposed Order)(Davis, Robert) |
| Filing 14 MOTION to Dismiss by The City of The Colony, Texas. (Attachments: #1 Proposed Order)(Davis, Robert) |
| Filing 13 NOTICE of Manual filing of Body Camera Videos by Russell Douglas, Aaron Gillespie, Joaquin Reyes, Skylar Sillivent, T. S. Vowell-Zundel (Davis, Robert) |
| Filing 12 MOTION to Dismiss by Russell Douglas, Aaron Gillespie, Joaquin Reyes, Skylar Sillivent, T. S. Vowell-Zundel. (Attachments: #1 Exhibit Register of Actions, #2 Exhibit Case Report, #3 Exhibit PC Affidavit, #4 Exhibit PC Finding, #5 Exhibit Criminal Complaint, #6 Exhibit PC Finding, #7 Exhibit Officer Sillivent Body Camera (placeholder), #8 Exhibit Officer Douglas Body Camera (placeholder), #9 Exhibit State's Motion to Dismiss, #10 Proposed Order)(Davis, Robert) |
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Filing 11
ORDER granting #10 Motion for Extension of Time to Answer. Russell Douglas answer due 1/29/2026; Aaron Gillespie answer due 1/29/2026; Joaquin Reyes answer due 1/29/2026; Skylar Sillivent answer due 1/29/2026; The City of The Colony, Texas answer due 1/29/2026; T. S. Vowell-Zundel answer due 1/29/2026. Signed by Magistrate Judge John D. Love on 12/15/2025. (baf)
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| Filing 10 MOTION for Extension of Time to File Answer by Russell Douglas, Aaron Gillespie, Joaquin Reyes, Skylar Sillivent, The City of The Colony, Texas, T. S. Vowell-Zundel. (Attachments: #1 Proposed Order)(Davis, Robert) |
| Filing 9 Summons returned executed by Fabian Antonio Thomas. Aaron Gillespie served on 11/22/2025. (baf) |
| Filing 8 Summons returned executed by Fabian Antonio Thomas. The City of The Colony, Texas served on 12/2/2025. (baf) |
| Filing 7 Summons returned executed by Fabian Antonio Thomas. T. S. Vowell-Zundel served on 11/26/2025. (baf) |
| Filing 6 Summons returned executed by Fabian Antonio Thomas. Joaquin Reyes served on 11/22/2025. (baf) |
| Filing 5 Summons returned executed by Fabian Antonio Thomas. Skylar Sillivent served on 11/24/2025. (baf) |
| Filing 4 Summons returned executed by Fabian Antonio Thomas. Russell Douglas served on 11/24/2025. (baf) |
| Filing 3 Non-prisoner pro se consent to receive electronic notice filed by Fabian Antonio Thomas. (CLC) |
| Filing 2 Summons issued as to Russell Douglas, Aaron Gillespie, Joaquin Reyes, Skylar Sillivent, The City of The Colony, Texas, T. S. Vowell-Zundel. (Attachments: #1 Summons - Gillespie, #2 Summons - Douglas, #3 Summons - Reyes, #4 Summons - Vowell-Zundel, #5 Summons - City of The Colony)(CLC) |
| Filing 1 COMPLAINT for False Arrest and Malicious Prosecution and Violation of His Civil Rights (42 U.S.C. 1983) against Russell Douglas, Aaron Gillespie, Joaquin Reyes, Skylar Sillivent, The City of The Colony, Texas, T. S. Vowell-Zundel, filed by Fabian Antonio Thomas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(CLC) Modified on 11/4/2025 (CLC). |
| Filing fee: $ 405, receipt number 27SR9HTC (psm) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (Copy of the notice to be sent by US Mail to parties not electronically noticed.) (CLC) |
| Case assigned to District Judge Jeremy D. Kernodle and Magistrate Judge John D. Love. (CLC) |
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