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

DISTRIBUTED for Conference of December 11, 2009.

Waiver of right of respondent Charles A. Penfold, et al. to respond filed.

Application (08A1064) granted by Justice Stevens extending the time to file until July 19, 2009.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 20, 2009)

Application (08A1064) to extend further the time from July 4, 2009 to July 19, 2009, submitted to Justice Stevens.

Application (08A1064) granted by Justice Stevens extending the time to file until July 4, 2009.

Application (08A1064) to extend the time to file a petition for a writ of certiorari from May 20, 2009 to July 4, 2009, submitted to Justice Stevens.

David Pannell, Petitioner, pro se

Charles A. Penfold, et al., Respondent, represented by David A. Arthur