Petition DENIED.

DISTRIBUTED for Conference of February 15, 2013.

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 February 11, 2013)

Party name:, Petitioner, represented by Rajul Ruhbayan

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