Petition DENIED.

DISTRIBUTED for Conference of November 9, 2012.

Waiver of right of the Government to respond filed.

Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due November 16, 2012)

Party name:, Petitioner, represented by Bennie Austin Mack

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