Rehearing DENIED.

DISTRIBUTED for Conference of January 4, 2013.

Petition for Rehearing filed.

Petition DENIED.

DISTRIBUTED for Conference of October 26, 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 October 22, 2012)

Party name:, Petitioner, represented by Efrain J. Rosa

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