not suggest that the procedures required by the regulations currently in force were not followed, plaintiff's claim that defendants violated his right to due process of law must be dismissed.
III. Equal Protection
Plaintiff's second claim is that defendants' rejection of his application denied plaintiff equal protection of the laws as guaranteed by the Fourteenth Amendment because other "inmates with deplorable institutional records, inmates with a history of assault and escape, and inmates who have (a) long drug history and absconded during their involvement in the Pre-Release programs have participated and still participate in same." Plaintiff does not contend that the state cannot constitutionally deny participation in a pre-release program because of an inmate's long criminal record, history of drug use, or record of having jumped bail, but merely claims that defendants unconstitutionally discriminated against him among inmates of like background.
The difficulty with plaintiff's claim, stated as a violation of the Equal Protection Clause, is that the three factors mentioned are but a small cluster out of a galaxy of considerations which might legitimately figure in a decision to grant or deny pre-release status. As the Supreme Court has stated in Greenholtz, in the analogous context of parole decisions, "(t)he entire inquiry is, in a sense, an "equity' type judgment that cannot always be articulated in traditional findings." Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex, supra, 442 U.S. at 8, 99 S. Ct. at 2104. This is unavoidable, for no two prisoners, being different human beings, will possess identical backgrounds and characters. Indeed, it is difficult to believe that any two prisoners could ever be considered "similarly situated" for the purpose of judicial review on equal protection grounds of broadly discretionary decisions because such decisions may legitimately be informed by a broad variety of an individual's characteristics. Furthermore, whether or not an inmate is able to benefit from participation in pre-release is inherently a subjective determination not susceptible of mathematically precise analysis. The grounds articulated for denial may only be highlights of a catalogue of valid objections, any one of which might support the decision. Nothing in the Constitution requires the decision-makers to succeed in the impracticable and unduly burdensome task of articulating each and every factor considered in reaching the decision in order to demonstrate that an applicant is not being discriminated against, so long as the reasons given for denial are among those rationally related to the program's objectives. Taliferro v. New Jersey Parole Board, 460 F.2d 289, 290 (3d Cir. 1972) (per curiam); Bennett v. People of the State of California, 406 F.2d 36, 38-39 (9th Cir. 1969); Marciano v. Coughlin, 510 F. Supp. 1034, 1039 (E.D.N.Y.1981); Sanno v. Preiser, 397 F. Supp. 560, 561-562 (S.D.N.Y.1975). Accordingly, plaintiff's equal protection claim must also be dismissed.
For the reasons set forth above, the plaintiff has failed to state a claim that the defendants' rejection violated plaintiff's rights to due process and equal protection under the Fourteenth Amendment. Accordingly, defendants' motion to dismiss will be granted.
An appropriate Order will be entered.