Petition DENIED. Justice Breyer took no part in the consideration or decision of this petition. (orders list)

DISTRIBUTED for Conference of January 15, 2010.

Reply of petitioner Nano Maldonado filed.

Brief of respondent Randell Iwasaki, Director, California Department of Transportation in opposition filed.

Response Requested . (Due December 16, 2009)

Letter of November 5, 2009, from counsel for petitioner received.

DISTRIBUTED for Conference of November 24, 2009.

Waiver of right of respondent Randell Iwasaki, Director, California Department of Transportation to respond filed.

Petition for a writ of certiorari filed. (Response due October 28, 2009)

Nano Maldonado, Petitioner, represented by Dennis Scott Zell

Randell Iwasaki, Director, California Department of Transportation, Respondent, represented by Ronald Wayne Beals