Petition DENIED. (orders list)

DISTRIBUTED for Conference of October 30, 2009.

Waiver of right of respondent Federal Respondent to respond filed.

Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2009)

, Petitioner, represented by Christopher G. Furlong

Party name:, Petitioner, represented by Christopher G. Furlong

, Respondent, represented by Elena Kagan

Party name:, Respondent, represented by Elena Kagan