Petition DENIED. (orders list)

DISTRIBUTED for Conference of January 23, 2009.

Waiver of right of respondent Wyoming to respond filed.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 5, 2009)

Kent Alan Proffit, Sr., Petitioner, represented by Tina N. Kerin

Wyoming, Respondent, represented by D. Michael Pauling