Upon consideration of the petition filed by Defendant on the 24th day of July 2006 in this matter for a writ of mandamus, the following order was entered and is hereby certified to the Superior Court, Buncombe County:
"Denied by order of the Court in Conference this the 5th day of October 2006.
Timmons-Goodson, J., recused.
WITNESS my hand and the seal of the Supreme Court of North Carolina, this the 11th day of October 2006.