Texas Western District Court
Judge:Michael J Truncale
Case #: 3:24-cv-00299
Nature of Suit446 Civil Rights - Amer w/Disabilities - Other
Cause42:12101 Americans with Disabilities Act of 1990
Case Filed:Aug 23, 2024
Terminated:Dec 16, 2024
TERMINATED PARTIES
Defendant
Constable R. Rivas, Jr.
Terminated: 12/16/2024
Represented By
John Edward Untereker
El Paso County Attorney'S Office
contact info
Michael A. Gomez
El Paso County Attorney
contact info
Plaintiff
Jacob Barreras
Terminated: 12/16/2024
2211 E. Missouri Avenue #221
El Paso, TX 79903

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Docket last updated: 04/25/2025 11:59 PM CDT
Monday, April 14, 2025
34 34 appeal USCA Judgment/Mandate Mon 04/14 3:29 PM
Certified copy of USCA JUDGMENT/MANDATE Dismissing Appeal for want of prosecution(mc4)
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Monday, February 03, 2025
appeal Appeal Record Accepted and Available Electronically Mon 02/03 2:09 PM
Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re32 Notice of Appeal,. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions[LINK:here] (mc4)
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Monday, January 06, 2025
appeal Appeal Record Sent to USCA Mon 02/03 2:09 PM
Certified and Transmitted EElectronic Record on Appeal to US Court of Appeals re32 Notice of Appeal, (mc4)
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Thursday, December 26, 2024
33 33 misc Certified Mail Receipt Thu 12/26 5:34 PM
Return signed Certified Mail Receipt to Jacob Barreras of29 Order on Motion to Dismiss for Failure to State a Claim, (mc4)
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Thursday, December 19, 2024
32 32 appeal Notice of Appeal Fri 12/20 11:53 AM
NOTICE OF APPEAL by Jacob Barreras. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a[LINK:(Transcript Order)] and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (mc4)
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31 31 motion Miscellaneous Relief Fri 12/20 11:50 AM
MOTION to Address Unresolved ADA Accommodations by Jacob Barreras. (mc4)
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Tuesday, December 17, 2024
30 30 misc Certified Mailing Tue 12/17 11:13 AM
Transmittal via Certified Mailing of29 Order on Motion to Dismiss for Failure to State a Claim, (dt)
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Monday, December 16, 2024
29 29 3 pgs order Order on Motion to Dismiss for Failure to State a Claim Tue 12/17 10:34 AM
ORDER GRANTING24 Motion to Dismiss for Failure to State a Claim. All causes of action against Constable Rivas are DISMISSED WITH PREJDUICE. The Clerk is INSTRUCTED to terminate Constable Rivas as a Defendant. This is a FINAL JUDGMENT. Signed by District Judge Michael J. Truncale. (dt)
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Thursday, November 07, 2024
28 28 misc Letter/Correspondence Fri 11/08 5:33 PM
Letter/Correspondence to the Court regarding status request on Motion to Add Defendant to case from Jacob Barreras. (mc4)
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Thursday, October 17, 2024
27 27 misc Certified Mail Receipt Thu 10/17 2:11 PM
Return signed Certified Mail Receipt to Jacob Barreras of22 Order (mc4)
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Tuesday, October 15, 2024
26 26 misc Response Wed 10/16 3:02 PM
RESPONSE to22 Order by Jacob Barreras. (mv)
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25 25 motion Miscellaneous Relief Tue 10/15 6:05 PM
MOTION by Constable R. Rivas, Jr.(Gomez, Michael)
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Att: 1 Proposed Order
24 24 motion Dismiss for Failure to State a Claim Tue 10/15 5:59 PM
Motion to Dismiss for Failure to State a Claim by Constable R. Rivas, Jr.(Gomez, Michael)
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Att: 1 Proposed Order
Tuesday, October 08, 2024
23 23 misc Certified Mailing Wed 10/09 9:54 AM
Transmittal via Certified Mailing to Jacob Barreras of22 Order Concerning Filing Subsequent Complaints (mc4)
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22 22 3 pgs order Order Tue 10/08 3:17 PM
ORDER CONCERNING Filing Subsequent Complaints. Signed by District Judge Michael J. Truncale. (mc4)
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Thursday, October 03, 2024
21 21 misc Certified Mail Receipt Thu 10/03 3:20 PM
Return signed Certified Mail Receipt to Jacob Barreras of17 Order (mc4)
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Monday, September 30, 2024
20 20 service Summons Returned Executed Tue 10/01 10:21 AM
SUMMONS Returned Executed by Jacob Barreras. Constable R. Rivas, Jr served on 9/30/2024, answer due 10/21/2024. (mc4)
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Friday, September 27, 2024
19 19 misc Certified Mailing Fri 09/27 11:26 AM
Transmittal via Certified Mailing to Plaintiff Jacob Barreras of17 Order Directing Service of Process (mc4)
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18 18 service Summons Issued Fri 09/27 11:17 AM
Summons Issued as to Constable R. Rivas, Jr. (mc4)
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Thursday, September 26, 2024
17 17 1 pgs order Order Fri 09/27 10:39 AM
ORDER DIRECTING Service of Process. Signed by District Judge Michael J. Truncale. (mc4)
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16 16 misc Certified Mail Receipt Thu 09/26 5:06 PM
Return signed Certified Mail Receipt as to Plaintiff Jacob Barreras of11 Order (mc4)
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Tuesday, September 24, 2024
15 15 motion Amend Complaint Tue 09/24 4:40 PM
MOTION to Add Defendant Constable Hector J. Bernal by Jacob Barreras. (mc4)
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14 14 misc Response Tue 09/24 4:37 PM
RESPONSE to11 Order to Provide Address for Service by Jacob Barreras. (mc4)
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Thursday, September 19, 2024
13 13 misc Certified Mail Receipt Fri 09/20 9:11 AM
Certified Mail Delivery Receipt of6 Order on Motion for Leave to Proceed in Forma Pauperis,9 MOTION to Appoint Counsel,7 Complaint,8 MOTION for Request for Interpreters and Aides under the Rehabilitation Act of 1990 (dt)
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Wednesday, September 18, 2024
12 12 misc Certified Mailing Wed 09/18 6:37 PM
Certified Mailing of11 Order (mt)
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11 11 2 pgs order Order Wed 09/18 2:54 PM
ORDER TO PROVIDE ADDRESS FOR SERVICE Signed by District Judge Michael J. Truncale. (mt)
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Wednesday, September 11, 2024
10 10 misc Certified Mailing Wed 09/11 5:41 PM
Transmittal via Certified Mailing to Jacob Barreras of6 Order on Motion for Leave to Proceed in Forma Pauperis,9 MOTION to Appoint Counsel,7 Complaint,8 MOTION for Request for Interpreters and Aides under the Rehabilitation Act of 1990 (mc4)
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9 9 motion Appoint Counsel Wed 09/11 5:32 PM
MOTION to Appoint Counsel by Jacob Barreras. (mc4)
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8 8 motion Miscellaneous Relief Wed 09/11 5:31 PM
MOTION/Request for Interpreters and Aides under the Rehabilitation Act of 1990 by Jacob Barreras. (mc4)
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7 7 cmp Complaint Wed 09/11 5:29 PM
COMPLAINT for Declaratory, Injunctive, Monetary Relief and Jury Trial Deman, filed by Jacob Barreras.(mc4)
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6 6 1 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Wed 09/11 5:22 PM
ORDER GRANTING1 Motion for Leave to Proceed in forma pauperis Signed by District Judge Michael J. Truncale. (mc4)
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Tuesday, September 10, 2024
5 5 misc Certified Mail Receipt Tue 09/10 3:35 PM
Return signed Certified Mail Receipt to Jacob Barreras of3 Order Reassigning Case,2 Order of Recusal (mc4)
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Thursday, September 05, 2024
4 4 misc Certified Mailing Fri 09/06 10:31 AM
Certified Mailing of3 Order Reassigning Case,2 Order of Recusal (dt)
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Thursday, August 29, 2024
3 3 3 pgs order Order Reassigning Case Fri 08/30 4:52 PM
ORDER REASSIGNING CASE. Case reassigned to District Judge Michael Joseph Truncale for all proceedings. Chief Judge Alia Moses no longer assigned to case. Signed by Chief Judge Alia Moses. (dt)
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2 2 1 pgs order Order of Recusal Thu 08/29 5:43 PM
ORDER OF RECUSAL AND TRANSFER. Judge Kathleen Cardone recused. Case reassigned to Chief Judge Alia Moses for all further proceedings. Signed by Judge Kathleen Cardone. (em)
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Friday, August 23, 2024
1 1 motion Proceed In Forma Pauperis Fri 08/23 5:20 PM
MOTION to Proceed in forma pauperis by Jacob Barreras.(mc4)
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Att: 1 Civil Cover Sheet,
Att: 2 Complaint,
Att: 3 Request for Interpreters and Aides,
Att: 4 Motion for Appointment of Legal Counsel
misc To be Referred to EP Mag Judge Fri 08/23 5:22 PM
If ordered by the court, all referrals will be assigned to Magistrate Judge Castaneda (mc4)
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