CABRAL v. WENEROWICZ

Filing 17

ORDER THAT PETITIONER'S OBJCTIONS ARE OVERRULED AND THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. ADDITIONAL INFORMATION CONTAINED HEREIN. SIGNED BY HONORABLE C. DARNELL JONES, II ON 2/27/14. 2/28/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED TO COUNSEL.(va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MANUEL M. CABRAL, III
Petitioner,
v.
MICHEL WENEROWICZ, ET AL.
Respondents.

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CIVIL ACTION
NO. 13-1384

ORDER
AND NOW, this 27th day of February, 2014, upon careful and independent consideration
of the Petition for Writ of Habeas Corpus (Dkt. No. 1), the Response thereto (Dkt. No. 14), and
after review of the Report and Recommendation of United States Magistrate Judge Jacob P. Hart
dated October 3, 2013 (Dkt. No. 15), and Petitioner’s Objections thereto (Dkt. No. 16), IT IS
HEREBY ORDERED that:
1.

Petitioner’s Objections are OVERRULED and the Report and Recommendation

is APPROVED and ADOPTED.1

1

Petitioner objects to the Magistrate Judge’s recommendation that the Petitioner is not
entitled to “double credit” for time spent in detention between March 25, 2000 and January 29,
2002. The reasoning offered by Magistrate Judge Hart for dismissing the instant petition is
sound. As Magistrate Judge Hart detailed, Plaintiff was sentenced in several cases in state court:
case #CP 003017/2000 [Bucks Cty.] (delivery of a controlled substance); case # CP
3094/2000[Bucks Cty.] (delivery of a controlled substance); case # CP 2652/2000 [Bucks. Cty.]
(possession of a controlled substance); case # CP 2646/1999 [Mont. Cty.] (burglary); case # CP
1658/1999 [Mont. Cty.] (burglary); case # CP 0556/2000 [Mont. Cty.] (rape); case # CP
0556.4/2000 [Mont. Cty.] (corruption of minors); case # CP 0556.9/2000 [Mont. Cty.] (criminal
solicitation and rape); case # CP 0556.8/2000 [Mont. Cty.] (corruption of minors); and case # CP
0556.7/2000 [Mont. Cty.] (indecent assault). As Magistrate Judge Hart addressed, credit was
applied for time served between March 25, 2000 to August 8, 2000 to the Bucks County sentence
for delivery of a controlled substance-- case # CP 003017/2000. Furthermore, because as of
August 8, 2000 Petitioner was serving sentences for drug-related offenses for Bucks County
Cases 003017/2000, 3094/2000 and 2652/2000, and, as of March 22, 2001 the Montgomery
County burglary-related convictions in cases 2646/1999, 2646.4/1999 and 1658/1999, he is not
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2.

The Petition for Writ of Habeas Corpus is DISMISSED.

3.

There is no basis for the issuance of a certificate of appealability.
BY THE COURT:
/s C. Darnell Jones, II
_________________________
C. DARNELL JONES, II
J.

entitled to credit on his Montgomery County sexual assault-related cases during that time period.
Upon review of the Report and Recommendation, together with de novo review of this matter, I
conclude that the Report and Recommendation correctly determines the legal and factual issues
raised by petitioner. Accordingly, I approve and adopt Magistrate Judge Hart’s Report and
Recommendation and overrule Petitioner's objection to the Report and Recommendation.

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