Oh, poor poor baby; NOT! Jared Fogle is asking the courts from some leniency. The 38-year-old is hoping to get an appeal extension since his attorney is battling prostate cancer.

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According to documents filed by Fogle-or his attorney-Ronald L. Berger has been diagnosed with prostate cancer, which has made him extremely sick up until recently; his sickness made him incapable of working on Fogle’s possible appeal.

The former Subway spokesman plans to appeal a 15-year prison bid for child pornography and soliciting child prostitutes. He hoping to get a minimum of a 25-day extension so that he can get the paperwork in order, according to TMZ.

Berger says if his health gets any worse, he’ll have a back up in Brad Dick … an associate at his law firm.

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While on lockdown, Fogle must endure psychological treatment; must be over the head treatment, but oh well.