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United States v. Hakim

March 2, 2007

UNITED STATES OF AMERICA, PLAINTIFF,
v.
AZMI R. HAKIM, DEFENDANT.



The opinion of the court was delivered by: Magistrate Judge Sharon L. Ovington

District Judge Walter Herbert Rice

DECISION AND ENTRY

This case is before the Court on Petitioner's Motion for Judicial Notice (Doc. #993) and Petitioner's former counsel's Motion to Strike (Doc. #994).

Earlier in this case, Petitioner filed a Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. §2255 but later withdrew the Motion. Consequently, some ten months ago (in April 2006) Judgment was entered against Petitioner on his §2255 Motion, and this case was terminated on the docket of the Court. (Doc. #s 970, 971). Petitioner now seeks an Order taking judicial notice of his actual innocense. However, because Petitioner pled guilty and decided to withdraw his challenges to his resulting convictions, see Doc. #967 at 1, his guilty plea and convictions remain valid, and his actual innocense has never been established in this case. An Order taking judicial notice of his actual innocense is therefore unwarranted. See Fed. R. Evid. 201(b). Because Petitioner's Motion lacks merit, this case remains terminated on the docket of the Court. Counsel's Motion to Strike is therefore moot.

IT IS THEREFORE ORDERED THAT:

1. Petitioner's Motion for Judicial Notice (Doc. #993) is DENIED;

2. Counsel's Motion to Strike (Doc. #994) is DENIED; and

3. The case remain terminated on the docket of this Court.

Sharon L. Ovington United States Magistrate Judge

20070302

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