CITY OF BROWNSVILLE SUIT, JOHN DOE, AND MY CANCER CONCERN

I will seek a rehearing on Judge Olvera's Order dismissing my § 1983 against the COB.  I have no issue with Judge Overa's order, save his failure to explore what constitutes a public concern.  His subjective conclusion my case does not constitute a matter of public concern, is wrong.  Respect mandates I allow Judge Olvera to review my legal argument, before taking him on appeal.

The key facts are simple, did Omar Ochoa engage in a matter of public concern when he called Texas Lone Star and told them they did not have to remedy the code violations, after Omar Ochoa was informed, I asked that he be investigated for failure to do his job?

Judge Olvera did not review what constitutes public concern.  He bypassed that part of the analysis, and instead provided his subjective opinion, not based in law. This is why you afford the judge an opportunity to correct his mistake.

"“Exposing governmental inefficiency and misconduct is a matter of considerable significance” Garcetti v. Ceballos, 547 U.S.  410, 425 (2006)

This is from a trial court opinion in Georgia.

"The Court finds Strang's complaint contains sufficient detail to find she spoke as a citizen on a matter of public concern. Generally speaking, the public has a keen interest in discovering wrongdoing or breaches of the public trust on the part of its public officials. See id. 148-49 ("Nor did Myers seek to bring to light actual or potential wrong- doing or breach of public trust on the part of Connick and others."); Garcetti, 547 U.S. at 425 ("Exposing government inefficiency and misconduct is a matter of considerable significance."). "A 'core concern' of the First Amendment is the protection of whistleblowers who report government wrongdoing."

Here is the key:  Judge Olvera must find Omar Ochoa with the city did not act in a matter of public concern when he told Texas Lone Star they did not have to remedy the code violations, after I demanded the city of Brownsville investigate Omar Ochoa.

THE CASE OF JOHN DOE

The case remains before the Court of Criminal Appeals.  Texas AG Paxton is part of the investigation.  So, we wait.  

MY CANCER SCARE

I am at a loss.  For a week my doctor has demanded over and over again that Community Care send an authorization to Lab Corp, to do the specialized lab work which predicts possibility of prostate cancer.  Other than repeating her demand the voucher be issued, she will not help.

Community Care every day claims they cannot issue the voucher because they cannot get ahold of me. They claim I am not answering my phone.  So, I say, okay I am on the phone now, let's handle it.  Nope, they will only work with me when I answer my phone.  They claim to have left multiple voicemails.  The problem is, while I am on the phone with the VA, my live T-Mobile bill actually shows me I am on the phone with the VA.  There is no record in my bill of the VA calling me from Community Care.  

In the last months, the VA IG issued a conclusion Community Care is failing at its job and denying veteran's care.

If by noon, no voucher has issued, I will go to a day and night clinic and try and put it on my Medicare, or I will pay cash, and ask for a referral to LabCorp to perform the advanced lab work.  This is sad.