Petition DENIED.

DISTRIBUTED for Conference of January 4, 2013.

Waiver of right of respondent Federal Respondent to respond filed.

Petition for a writ of mandamus filed. (Response due December 7, 2012)

40 copies of separate appendix filed.

Party name:, Petitioner, represented by Victor Del Rio

Federal Respondent, Respondent, represented by Donald B. Verrilli Jr.