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 October 19, 2009.

Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2009)

, Petitioner, represented by Julian E. Rochester

Party name:, Petitioner, represented by Julian E. Rochester