The motion of petitioner for leave to proceed in forma pauperis is denied, and the petition for a writ of mandamus is dismissed. See Rule 39.8. (orders list)

DISTRIBUTED for Conference of January 9, 2009.

Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due November 17, 2008)

, Petitioner, represented by Jose B. De La Cerda

Party name:, Petitioner, represented by Jose B. De La Cerda