Petition DENIED.

DISTRIBUTED for Conference of September 24, 2012.

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 September 21, 2012)

Party name:, Petitioner, represented by Michael Kelley

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