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Bob v. Pennsylvania Board of Probation and Parole

United States District Court, Third Circuit

November 5, 2013

GARY MAURICE BOB, Petitioner,
v.
PENNSYLVANIA BOARD OF PROBATION AND PAROLE, et al., Respondents.

OPINION AND ORDER [1]

SUSAN PARADISE BAXTER, Magistrate Judge.

Presently before the Court is a petition for a writ of habeas corpus filed by state prisoner Gary Maurice Bob. [ECF No. 1]. He has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254. In the petition, he alleges that the Pennsylvania Board of Probation and Parole (the "Board") violated his due process rights when it denied him parole on November 28, 2012. For the reasons set forth below, the petition is denied and a certificate of appealability is denied.

I.

A. Relevant Background

Petitioner was convicted in state court of the following crimes: two counts of aggravated indecent assault without consent; one count of terroristic threats; one count of escape from detention; eight counts of burglary; one count of criminal attempt-burglary; and, three counts of criminal conspiracy-burglary. The state court sentenced him to a term of 8 to 19 years of imprisonment. The minimum expiration date for his sentence was June 26, 2012, and the maximum expiration date is June 26, 2023.

The Board has interviewed and denied Petitioner parole two times. The last time it denied him parole was by a decision it issued on November 28, 2012, and that is the decision at issue in this case. On that date, the Board informed Petitioner:

Following an interview with you and a review of your file, and having considered all matters required pursuant to the Board of Probation and Parole, in the exercise of its discretion, has determined at this time that: you are denied parole/reparole. The reasons for the Board's decision include the following:
Your risk and needs assessment indicating your level of risk to the community. Reports, evaluations and assessments/level of risk indicates your risk to the community. You are to be reviewed in or after November 2013.
At your next interview, the Board will review your file and consider: Whether you have successfully participated in/successfully completed a treatment program for vocational training (if possible).
Whether you have maintained a favorable recommendation for parole from the Department of Corrections.
Whether you have maintained a clear conduct record.
Whether you have completed the department of corrections prescriptive program(s).
You may file an application for parole/reparole no sooner than 1 year after the date the last decision denying you ...

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