Ochoa v. Collier et al
Plaintiff: Abel Revilla Ochoa
Defendant: Executive Director Bryan Collier, Warden Michael Butcher, Lorie Davis-Director TDCJ-CID and Lorie Davis
Case Number: 4:2019cv04976
Filed: December 23, 2019
Court: US District Court for the Southern District of Texas
Presiding Judge: Vanessa D Gilmore
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 10, 2020 Opinion or Order Filing 27 ORDER OF DISMISSAL. Ochoa's death moots any remaining claims, meaning that there is no continuing claim for a successor to maintain. As the execution extinguished the claims raised by this lawsuit, this case is DISMISSED WITH PREJUDICE. Case terminated on 2/10/2020. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
February 7, 2020 Filing 25 ADVISORY by Michael Butcher, Bryan Collier, Lorie Davis, filed.(Hoffman, Stephen)
February 6, 2020 Filing 26 Certified Mail Receipt Returned as to Governor of Texas, executed on 2/3/2020 - receipt attached, access restricted to court users for privacy reasons -, filed. (gkelner, 4)
February 4, 2020 Filing 24 Certified Mail Receipt Returned as to Texas Department of Criminal Justice - receipt attached, access restricted to court users for privacy reasons -, filed. (MelissaMorgan, 4)
February 4, 2020 Filing 23 Certified Mail Receipt Returned as to Texas Department of Criminal Justice - receipt attached, access restricted to court users for privacy reasons -, filed. (MelissaMorgan, 4)
February 3, 2020 Electronic Access to Supplemental Record on Appeal Provided re: #17 Notice of Appeal to Counsel: Hoffman, Stephen M., Schepers, Jeremy, VerHagen, Derek R.. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 20-70001), filed.(EdnitaPonce, 1)
February 3, 2020 Supplemental Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #17 Notice of Appeal USCA No. 20-70001, filed.(EdnitaPonce, 1)
January 30, 2020 Filing 22 DKT13 TRANSCRIPT ORDER REQUEST by Stephen M. Hoffman. This is to order a transcript of 01/07/2020. Court Reporter/Transcriber: Lanie Smith. This order form relates to the following: #20 Transcript - Appeal, Telephone Conference, #17 Notice of Appeal, filed. (Hoffman, Stephen)
January 30, 2020 Filing 21 Notice of Filing of Official Transcript as to #20 Transcript - Appeal,. Party notified, filed. (mmapps, 4)
January 29, 2020 Filing 20 APPEAL TRANSCRIPT re Telephone Conference held on 01/07/2020 before Judge Vanessa D Gilmore. Court Reporter/Transcriber Lanie Smith. Ordering Party: Jeremy Schepers. This transcript relates to the following: #19 Appeal Transcript Request, #17 Notice of Appeal. Release of Transcript Restriction set for 4/28/2020., filed. (LanieSmith, )
January 29, 2020 Electronic Access to Record on Appeal Provided re: #17 Notice of Appeal to Jeremy Schepers, and Derek VerHagen. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 20-70001), filed.(scastillo, 1)
January 29, 2020 Electronic Access to Record on Appeal Provided re: #17 Notice of Appeal to Stephen Hoffman. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 20-70001), filed.(scastillo, 1)
January 29, 2020 Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #17 Notice of Appeal USCA No. 20-70001, filed.(scastillo, 1)
January 28, 2020 Filing 19 DKT13 TRANSCRIPT ORDER REQUEST by Ochoa/Schepers. This is to order a transcript of 1/7/2020 Telephone Conference before Judge Gilmore. Court Reporter/Transcriber: Lanie Smith. This order form relates to the following: Telephone Conference, #17 Notice of Appeal, filed. (Schepers, Jeremy)
January 28, 2020 Appeal Review Notes re: #17 Notice of Appeal. Fee status: CJA. This defendant is represented by appointed counsel (Federal Public Defender).Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(scastillo, 1)
January 28, 2020 Filing 18 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #10 MOTION to Dismiss #1 Complaint, with Brief in Support, #17 Notice of Appeal. Fee status: CJA. Reporter(s): L. Smith, filed. (Attachments: #1 NOA, #2 Docket Sheet) (scastillo, 1)
January 28, 2020 Filing 17 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #15 Order on Motion to Stay, by Abel Revilla Ochoa, filed.(Schepers, Jeremy)
January 27, 2020 Opinion or Order Filing 15 ORDER denying #11 Motion for a Stay. The Court will take the Defendants' Motion to Dismiss under advisement. All briefing is currently suspended. The parties will inform the Court within twenty-four (24) hours of either (1) a stay granted by another court or (2) the execution of Ochoa's death sentence. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
January 24, 2020 Filing 14 RESPONSE in Opposition to #10 MOTION to Dismiss #1 Complaint, with Brief in Support, filed by Abel Revilla Ochoa. (Attachments: #1 Exhibit)(Schepers, Jeremy)
January 24, 2020 Filing 13 RESPONSE in Opposition to #11 Opposed MOTION to Stay Execution, filed by Michael Butcher, Bryan Collier, Lorie Davis. (Attachments: #1 Proposed Order)(Hoffman, Stephen)
January 21, 2020 Opinion or Order Filing 12 ORDER. Status Report due by 3/1/2020. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
January 21, 2020 Filing 11 Opposed MOTION to Stay Execution by Abel Revilla Ochoa, filed. Motion Docket Date 2/11/2020. (Attachments: #1 Proposed Order)(VerHagen, Derek)
January 17, 2020 Filing 10 MOTION to Dismiss #1 Complaint, with Brief in Support by Michael Butcher, Bryan Collier, Lorie Davis, filed. Motion Docket Date 2/7/2020. (Attachments: #1 Proposed Order, #2 Exhibit 1)(Hoffman, Stephen)
January 15, 2020 Filing 9 WAIVER OF SERVICE Returned Executed as to Michael Butcher served on 12/23/2019, answer due 2/21/2020, filed.(Schepers, Jeremy)
January 15, 2020 Filing 8 WAIVER OF SERVICE Returned Executed as to Lorie Davis served on 12/23/2019, answer due 2/21/2020, filed.(Schepers, Jeremy)
January 15, 2020 Filing 7 WAIVER OF SERVICE Returned Executed as to Bryan Collier served on 12/23/2019, answer due 2/21/2020, filed.(Schepers, Jeremy)
January 9, 2020 Filing 6 ADVISORY by Michael Butcher, Bryan Collier, Lorie Davis, filed.(Hoffman, Stephen)
January 7, 2020 Minute Entry for proceedings held before Judge Vanessa D Gilmore. TELEPHONE CONFERENCE held on 1/7/2020. By 1/9/2020, the parties to submit an agreed order for the Courts signature or to submit an agreed resolution regarding the video interview. Appearances: Derek VerHagen, Jeremy Schepers, Stephen Hoffman, Edward Marshall. (Court Reporter: Lanie Smith), filed. (bthomas, 4)
January 7, 2020 Opinion or Order Filing 5 ORDER granting #2 Motion for Leave to Proceed in forma pauperis.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
January 2, 2020 Filing 4 NOTICE of Appearance by Stephen M. Hoffman on behalf of Michael Butcher, Bryan Collier, Lorie Davis-Director TDCJ-CID, filed. (Hoffman, Stephen) Filers corrected on 1/3/2020 (ltien, 4).
December 26, 2019 Filing 3 NOTICE of Appearance by Derek VerHagen on behalf of Abel Revilla Ochoa, filed. (VerHagen, Derek)
December 23, 2019 Filing 2 MOTION/APPLICATION to Proceed In Forma Pauperis by Abel Revilla Ochoa, filed. Motion Docket Date 1/13/2020. (Attachments: #1 Exhibit AO 240, #2 Proposed Order)(Schepers, Jeremy)
December 23, 2019 Filing 1 COMPLAINT against All Defendants filed by Abel Revilla Ochoa. (Attachments: #1 Exhibit Rules Governing Offender Access to the Courts, Counsel, and Public Officials, #2 Exhibit Executive Directive on News Media Relations, #3 Exhibit Media Policies and Guidelines for Offender Interviews, #4 Exhibit Visit Request, #5 Civil Cover Sheet)(Schepers, Jeremy)

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Plaintiff: Abel Revilla Ochoa
Represented By: Jeremy Don Schepers
Represented By: Derek Richard VerHagen
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Defendant: Executive Director Bryan Collier
Represented By: Edward Larry Marshall
Represented By: Stephen Matthew Hoffman
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Defendant: Warden Michael Butcher
Represented By: Edward Larry Marshall
Represented By: Stephen Matthew Hoffman
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Defendant: Lorie Davis-Director TDCJ-CID
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Defendant: Lorie Davis
Represented By: Edward Larry Marshall
Represented By: Stephen Matthew Hoffman
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