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M petitioned for an order that he be released from unlawful confinement in a maximum-security penitentiary to a medium security penitentiary. M was involuntarily transferred from the medium security Mountain Institution to maximum on the basis of information that he was deeply involved in the drug culture at Mountain. M’s decision to remove himself from voluntary urinalysis was apparently held against him despite the fact that he consistently tested negative. The authorities were not convinced that M’s pronouncements or conduct was credible. The acting warden who initiated the transfer stated that M would be granted another opportunity to integrate drug free at Mountain Institution if he shows commitment and sincerity. Thackray J. stated that he trusted M would be given that opportunity. In the meantime, Thackray J. could not conclude that the decision to transfer was patently unreasonable. The petition was dismissed.
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