EAGLES, Chief Judge.
To be released, Hayes must have shown by a preponderance of the evidence that he is neither mentally ill, G.S. § 122C-3(21), nor dangerous to others, G.S. § 122C-3(11)b. See G.S. § 122C-276.1. We note that we denied Hayes' 1992 request to be released in In re Hayes, 111 N.C. App. 384,
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