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

DISTRIBUTED for Conference of October 19, 2009.

Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

, Petitioner, represented by Jeffrey R. Berry

Party name:, Petitioner, represented by Jeffrey R. Berry