The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of mandamus is dismissed. See Rule 39.8.

DISTRIBUTED for Conference of January 4, 2013.

Supplemental brief of petitioner filed.

Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2012)

Party name:, Petitioner, represented by Theodore Shove