Winn v. Wakat

── Winn v. Wakat ── Court: Court of Appeals for the Tenth Circuit Date: April 29, 2026 Category: General Appellate Case: 25-5094 Document: 51-1 Date Filed: 04/29/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT April 29, 2026 _________________________________ Christopher M. Wolpert Clerk of Court HENRY J. WINN; LINDA I. WINN, Plaintiffs - Appellees, v. No. 25-5094 (D.C. No. 4:25-CV-00206-JDR-JFJ) AUGUST WAKAT, (N.D. Okla.) Defendant - Appellant, and POEBOY FLEMING AUTO SALVAGE, INC.; JOHN LEE WAKAT; JOHN DOE; JANE DOE; GLENN I. PATRICK; WAKAT FOUNDATION, INC.; LAMAR CENTRAL OUTDOOR, LLC; LINDMARK ACQUISITION, LLC; PLAINVIEW SALVAGE, INC.; WAGONER COUNTY TREASURER; WAGONER COUNTY BOARD OF COUNTY COMMISSIONERS, Defendants. ––––––––––––––––––––––––––––––––––– AUGUST WAKAT, Plaintiff - Appellant, and POEBOY FLEMING AUTO SALVAGE, INC., Plaintiff,  Appellate Case: 25-5094 Document: 51-1 Date Filed: 04/29/2026 Page: 2 v. No. 25-5095 (D.C. No. 4:25-CV-00201-JDR-SH) HENRY WINN, (N.D. Okla.) Defendant - Appellee, and CITY OF TULSA; FAIR OAKS TOWNSHIP; JOE ROBSON; ANN LANDRITH TRUST; LAMAR ADVERTISING CO., Defendants. _________________________________ ORDER AND JUDGMENT * _________________________________ Before TYMKOVICH, BALDOCK, and MORITZ, Circuit Judges. _________________________________ In these consolidated appeals, August Wakat, proceeding pro se, 1 appeals from the district court’s orders remanding a foreclosure action against him to Oklahoma state court and his criminal cases to Texas state court. We affirm the appeals in part and dismiss them in part. * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of these appeals. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The cases are therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Because Mr. Wakat represents himself, we construe his filings liberally. See 1 Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). 2  Appellate Case: 25-5094 Document: 51-1 Date Filed: 04/29/2026 Page: 3 I. BACKGROUND These cases stem from an Oklahoma real estate transaction in which Mr. Wakat purchased a tract of land from Henry and Linda Winn. Mr. Wakat later defaulted on the mortgage, and the Winns filed a foreclosure action against him in the District Court of Wagoner County, Oklahoma. Mr. Wakat then removed the case to federal district court. In a separate action, Mr. Wakat removed two criminal cases against him from the District Court of Houston County, Texas to federal district court and moved to join Mr. Winn as a party. In both matters, Mr. Wakat asserted two statutory bases for removal—28