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Reginald Winans v. Michael K. McKay

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-30199 · judgment November 5, 2025


Pending

Questions presented

  1. Whether a federal court violates Due Process Clause and the protections of the Federal Rule of Civil Procedure 56(d) when it denies a nonmovant’s request for limited, outcome determinative discovery and proceeds to enter summary judgment affecting asserted property rights, where the district court denied Rule 56(d) in a summary order, and the court of appeals affirmed even though it acknowledged that “[w]ithout offering an explanation as to why, the district court denied” the Rule 56(d) motion.

  2. Whether, absent an express order shortening the Federal Rule’s response period, a party may refuse to answer written discovery served before a court'ordered discovery deadline by claiming the deadline required “completion” of discovery, so that service near the deadline is “untimely” because responses would fall after the cutoff, and whether summary judgment may be affirmed after the opposing party refused to answer Requests for Admission served a few days before the close of discovery, where the requested admissions sought judicial authorization and service/notice proof for an alleged writ of seizure and sheriff’s sale central to the claimed chain of title.

Counsel of record

For petitioner
Reginald Winans

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jul 16 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jul 01 2026
    Petitioner complied with order of June 15, 2026.
  3. Jun 15 2026
    The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until July 6, 2026, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
  4. May 27 2026
    DISTRIBUTED for Conference of 6/11/2026.
  5. Jan 29 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2026)