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 April 17, 2009.

Waiver of right of respondent United States of America to respond filed.

Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due April 9, 2009)

, Petitioner, represented by Mark A. Ward

Party name:, Petitioner, represented by Mark A. Ward

, Respondent, represented by Elena Kagan

Party name:, Respondent, represented by Elena Kagan