TEXAS DEPARTMENT OF LICENSING AND REGULATION INFORMED ME I CAN FILE A COMPLAINT AGAINST OMAR OCHOA OVER HIS MISHANDLING OF MY CASE

They are not telling me the result of any complaint.  They were clear if I file the complaint in a response, they will explain whether code enforcement is discretionary.  Will John Cowen authorize use of your tax dollars to pay for his defense?  You bet.

I WILL PUSH AS HARD AS I CAN TO SEEK PERMISSION TO DEPOSE LINDA MACIAS

She is vindictive and petty.  My complaints about the huge pothole at the end of my cul-de-sac goes unresolved.  About two months ago the postman had to rock his truck to get out of the pothole.  It is in front of a home which has visitors all day long due to a family illness.  Between these cars, and the garbage trucks the hole gets bigger and bigger by the day.  It is so wrong these family members dealing with a family illness have to try and park everyday around a huge pothole, because Linda has a score to settle with me.

I know how my neighbors feel about her.  She is not well liked.  She is so petty she posed in a pothole in another commissioner's district bragging about getting it repaired, while refusing any help with the pothole in my cul-de-sac.  This is the behavior you expect of a five-year-old while having a temper tantrum on the playground. The neighbors I spoke with had no problem assuming my trash not being picked up was classic Macias.  We know her.  She has zero tolerance for dissent.  Macias thinks compliance with her oath of office is discretionary. It is not.

To be clear, at this point I have no proof who ordered my trash to not be picked up.  But I know and my neighbors know Cowen and Macias are vindictive people.  I will do my best to force discovery under a contempt motion with Judge Rolando Olvera.  The city clearly retaliated over the remand and leaving the door open as to whether Omar Ochoa violated my rights. 

 

DID JOHN COWEN OR SOMEONE ELSE IN THE CITY ORDER RETALIATION FOR MY LAWSUIT BEING REMANDED TO STATE COURT?

On Friday my trash was put out at about 8:30 a.m., such as every week.  I checked with my neighbors, and everyone had their trash picked up. The neighbors who were paying attention verified the trash was picked up in the early afternoon.

So why did everyone but me get their trash picked up?

I am basically happy with judge Rolando Olvera's order and opinion.  On balance I believe it was designed to help me.  But he made one mistake.  He did not go into the case law which addresses a public concern.  He just made a subjective conclusion the facts of my case were not of a public concern in terms of the retaliation.

I will be asking for the rehearing and leave to amend based on a claim the city retaliated over his ruling and did not retrieve my trash.  It was out where it belongs hours before the pickup time but left at the curb.

I need leave to depose the drivers to learn why they chose to not empty my trash.  I will be making demand on Redfish to provide a date and time when their drivers can be deposed.  If the city ordered retaliation by ordering my trash not to be retrieved it is a basis for contempt of court.  I have the right to the truth, and I am hopeful Judge Olvera will give me that time. 

 

THE LATEST ADVANCED LAB WORK CONTINUES TO POINT TO PROSTATE CANCER

The phi-HYB test is so advanced, VA doctors cannot order it be done through the VA lab.  A second run is being requested directly to an outside lab.  The doctors cannot fix the lack of care at the VA.  

The VA draws blood all the time and send it to outside labs.  But for this test the VA requires you go directly to an outside lab.  The order has been made.  We are fine and there will be no delay.

I chose my San Antonio specialist based on his surgical skills.  The diagnostic process should be the easy part, but I have learned it is not.  He clearly looked me in the face and said he has debunked all the research which shows high insulin dosages can give a false lower PSA. 

According to a host of sources to include Cancer.Org, you cannot rely on a man's PSA if they are on a high dosage of insulin.  It can force a low PSA.  There are actually warnings against relying on a man's PSA results if they are on a high dosage of insulin.  The warning specifically says such reliance could mean missing the cancer diagnosis.

SO, WHAT ARE WE DOING?

Last night I reduced my insulin dosage from 100 units to 50 units.  It was not random.  At 50 units my blood sugar is the same as at 100 units.  This morning my blood sugar was 152.  Yesterday morning with 100 units of insulin my blood sugar was 151.

So, on Thursday next we will redo the phi-HYB blood test on the lower insulin level.  If the PSA goes back up then we can argue insulin impacts PSA.

Right now, my phi-HYB puts me at a 33.3% chance of prostate cancer.  My number is on the high side so it will not take much of a jump in the PSA to put me at a 50% chance of prostate cancer.

The protocol is clear.  It is time for a biopsy.  I have to wait until Monday to hear from my SA doctor.  He is in surgery days.  I have to wait for a clinic test. 

I am 60 days since the critical warning for prostate cancer.  Everything which has been done has been at my direction.  Had I allowed the VA to do as it pleases, my  follow-up would be in June. 

Okay I am exhausted.  I need a nap. 

 

SOMETHING TO PONDER

 

FEDERAL JUDGE OLVERA REMANDS MY COB LAWSUIT BACK TO STATE COURT

As I have said repeatedly, once Judge Olvera were to dismiss the section 1983 claim, the remainder of the case had to be remanded.  This was an incredible waste of taxpayer money.

On the § 1983 issue, Judge Olvera took a very narrow view of what constitutes Free Speech for § 1983 claims.  He properly tracks the Supreme Court on the issue.  He did what he was expected of him.  He found that because my retaliation claim was limited to me and not the public at large, it did not fall within a Free Speech § 1983 claim.  

Judge Olvera always plays it close to the chest.  He tracks the Supreme Court on the issue.  He did not write endless pages to try and justify his ruling.  

On the part of the COB lawsuit concerning whether Omar Ochoa is immune from suit because code enforcement is discretionary, Judge Olvera remanded the issue to state court.  The Ultra Virus issue is not a federal issue, thereby denying Judge Olvera jurisdiction over same once he remanded the § 1983 issue.  He is very clear on this issue.

On the lawsuit against Texas Lone Star and FTL, remanded to state court.  This was an incredible act of billing fraud.

Judge Olvera did a great job in following the language from the Supreme Court on whether my speech was a matter of public concern.  He narrowed the question for me for purposes of appeal.  The federal court of appeals will answer the specific question of, is it a matter of public concern if Omar Ochoa ordered no enforcement of the code after I asked the City Commission to reprimand him for his conduct?  This is the type question the Supreme Court loves because it will either further narrow the issue or expand this issue.  It is not a question which will only be faced by me.

The issue of the contempt by the Texas Supreme Court by interfering with federal jurisdiction can proceed.   The law is clear; it survives the dismissal of the § 1983 claim.

There is also the issue of my filing a motion for rehearing, to show at least some federal court of appeals do not take such a narrow view that the speech is not of a public concern.  It is a fair question for appeal.  But I do owe it to Judge Olvera and the process to allow him to address case law which suggests public concern. It is how you view the facts.  Judge Olvera seems to not see how residents will be chilled in asking for personnel reviews of city employees, if the city employee can retaliate against the citizen using his office.  My focus will not be just my case, but the retaliation issue. 

Today, by chance the Texas Supreme Court is receiving my demand letter for $20 million.  In all three subject orders they clearly had zero jurisdiction.  Only Judge Olvera had jurisdiction.  There is no immunity.

So, if the Texas Supreme Court fails to comply with my non-monetary demands immediately, I will sue them in federal court to include regional administrative judge Missy Medary.  She is either clueless as a judge or hopelessly corrupt.

I am including Jackson Walker for its reliance on former Justice Nathan Hecht to obstruct the process.  I can prove Nathan Hecht is part of the problem.  

I am also including the bonding company for Texas Lone Star along with the counsel they hired.  They have authorized counsel to seek sanctions against me for successfully obtaining sanctions against Texas Lone Star.  I am asking that the owner of Texas Lone Star immediately be suspended from use of his license for breaching the Consent Decree they signed with Texas.

I have the document from the finance company that states they could not pay the loan to Texas Lone Star until Texas Lone Star produced a contract.  No such contract was ever produced.  Texas Lone Star knowingly stole over $10,000 of loan money designated to help pay for my new AC system and then walked off the job.  That is a crime.  I am seeing redress with the DOJ. 

As to FTL finance, they knowingly gave Texas Lone Star over $10,000 in my name, when Texas Lone Star had no contract for services with me.  Then they walked off the job.  Again I am asking the DOJ to investigate. 

It will be a few weeks before I can amend the lawsuit in state court, but I will address any defects made in federal court, which Judge Olvera rightfully chose to ignore. 

 

HOW POLITICAL OBJECTIVES IGNORE THE RESOLVE OF THE TRUE BELIEVER

FOR 444 DAYS THE U.S. WAS HELD HOSTAGE BY THE NEW IRANIAN REGIME

I remember so clearly arguing with my Poli Sci professors how the Iranian revolutionary leaders were True Believers who saw no incentive in working with the U.S.  I argued, and was shot down, that until we acknowledge their right to self-determination, there was no chance of the U.S. having a relationship with Iran.  

This problem was not new.  We have never been able to find peace with Cuba because the Bautista in Miami still want their land back. They want to go backward to a time the U.S. helped to preserve a corrupt government.

In both cases, the core leadership find more honor in dying than in negotiating with the U.S.  

The people in both cases want true self determination.

Cuba has not failed.  In fact, Cuba is a success when you consider how long they have been under sanctions and still moved forward.  Cuba trains many doctors as a source of hard currency. To stop that revenue Trump has had to threaten countries accepting Cuban doctors.  

Cuba has not failed on its own.  It is collapsing under the tyrannical thumb of Donald Trump.

Iran can hold out a lot longer than Cuba.  Iran knows it can destroy the economy of the Middle East.  

Until we accept Iran wants self-determination, and work towards that end, nothing will be solved. 

The Iranian people believe in themselves and self-determination.

The question is, will be allow Israel to reduce Iran and Lebanon into Gaza?  You have to know the U.S. taxpayers will pay to rebuild Lebanon. 

If you believe this will not come to the U.S., you are so wrong.

We now know that the attack on the Synagogue in Michigan was done by a Lebanese man whose family was killed by Israel during a bombing in Lebanon.  

 

UPDATE ON MY SITUATION

On Monday I see the specialist in San Antonio.  Just this week another lab PSA Free % pointed towards prostate cancer.  The fatigue has me.  I will try and stay awake until 1 p.m., but the odds are not good.  As of late I get up briefly and go back to bed until 2:30 or so.

I actually believe the fatigue is from the insulin resistance.  What I am learning is, there is no specialist in the Valley or at the VA who understands insulin resistance,

The insulin pen for injections goes to a maximum dosage of 80.  I am currently on a dosage of 48 twice a day.  Tomorrow I will go to 50 twice a day. 

What is failing is the pancreas.  The insulin resistance is clearly significant.  So long as I am at such high insulin levels, with high blood sugar still high, I will be without energy.  I am convinced the fatigue is from the failure of the pancreas, and not a possible cancer. 

This entire thing is surreal for me.  I have pointed out twice now, to no avail, that men with insulin resistance will have their PSA dropped as they increase the dosage of insulin.

Cancer.Org, and the NIH both warn doctors a decrease in the PSA while increasing the insulin dosage is a false number and can cause the doctor to miss the cancer warnings.  

The data I have collected is so black and white on the issue.

When my PSA indicated a critical warning for prostate cancer, I was at a significantly lower insulin dosage.  With each new PSA as my insulin dosage jumped, my PSA went down.

I am calling these doctors MAGA doctors.  If the science does not meet their belief system, they just ignore the science.

I will discuss the pancreas issue with the specialist and ask if he thinks I should see a pancreas specialist.  If he refers me Medicare will pay, and I will then be with a second specialist not approved by the VA. 

ON THE LEGAL MATTERS, THINGS ARE MOVING FORWARD

Federal Judge Olvera notified the parties he sees no need for a hearing on the pending matters and the hearing for March 17, 2026, is cancelled.  He will take everything under submission, which is always better.  Listening to childish lawyers go back and forth is just bizarre.