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18-571 - FOGLE v. USA

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18-571 - FOGLE v. USA
March 16, 2018
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Order Denying Motion to Take Judicial Notice of Facts of Record - Petitioner Jared S. Fogle's "motion to take judicial notice of facts of record," dkt. 4, is denied as an improper use of Rule 201 of the Federal Rules of Evidence. (See Order.) Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 3/16/2018. (BRR)
March 28, 2018
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Order Denying Constitutional Challenge and Directing Further Proceedings - This matter is before the Court on Petitioner Jared Fogle's ("Fogle") filing titled Constitutional Challenge to § 2255 (f)(1-4). Dkt. 6. On February 26, 2018, the Court directed the Clerk to treat Fogle's Motion to Withdraw Plea of Guilty as Fogle's Motion for Relief Pursuant to 28 U.S.C. § 2255. Dkt. 1. The Court thereafter provided notice to Fogle, pursuant to Castro v. United States, 540 U.S. 375, 383 (2003), so that he could be afforded the opportunity to withdraw or amend the motion to include all § 2255 claims which he believes he has. Dkt. 3. Fogle was given notice that he has until April 6, 2018, to either supplement or withdraw his § 2255 motion. The Court construes the "constitutional challenge" filing to be a motion to withdraw his § 2255 motion. The Clerk is directed to modify dkt. 6 on the docket to be a "motion to withdraw § 2255 motion." Because Fogle was given until April 6, 2018 to, either supplement or withdraw his § 2255 motion, the Court will not issue an order on the motion to withdraw § 2255 motion or issue judgment in this action at this time. To ensure that Petitioner has sufficient time to consider these matters, Fogle shall have until April 13, 2018, in which to either withdraw his "motion to withdraw his § 2255 motion" or to supplement his § 2255 motion. (See Order.) Copy to petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 3/28/2018.(RSF)