United States District Court, W.D. Pennsylvania
OPINION AND ORDER
SUSAN PARADISE BAXTER, Magistrate Judge.
Presently before the Court is a petition for a writ of habeas corpus filed by state prisoner Carl Zehner pursuant to 28 U.S.C. § 2254. [ECF Nos. 4, 6]. In the petition, he challenges a decision made by the Pennsylvania Board of Probation and Parole (the "Board") to deny him parole. For the reasons set forth below, the petition is denied and a certificate of appealability is denied.
A. Relevant Background
On November 6, 2008, Petitioner was sentenced by the Court of Common Pleas of Schuylkill County as follows:
a) 4 to 8 years of incarceration, followed by 10 years of probation, for violating 18 Pa.C.S. § 3301(a)(1)(ii) (Arson endangering persons);
b) 1 to 2 years of incarceration for violating 18 Pa.C.S. § 3302(b)(Risking catastrophe); and,
c) 1 to 2 years of incarceration for violating 18 Pa.C.S. § 3304(a)(1)(Criminal mischief).
The minimum expiration date for his sentence was August 5, 2012, and the maximum expiration date is August 5, 2016. [Resp's Ex. 2, ECF No. 10-1 at 27].
The Board has interviewed and denied Petitioner parole two times. The last time it denied him parole was by a decision it issued on May 24, 2013. 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.
Your prior unsatisfactory supervision history.
Your failure to demonstrate motivation ...