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 February 26, 2010.

DISTRIBUTED for Conference of February 19, 2010.

Waiver of right of respondent Thomas F. Simon, Clerk, Supreme Court of Missouri to respond filed.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 25, 2010)

Thomas A. Vivone, Petitioner, pro se

Thomas F. Simon, Clerk, Supreme Court of Missouri, Respondent, represented by Stephen D. Hawke