MICHAEL CUERO V. SCOTT KERNAN, No. 12-55911 (9th Cir. 2018)

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This opinion or order relates to an opinion or order originally issued on June 30, 2016.

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MICHAEL DANIEL CUERO, Petitioner-Appellant, No. 12-55911 v. D.C. No. 3:08-cv-02008-BTM-WMC SCOTT KERNAN *, Respondent-Appellee. ORDER On Remand from the Supreme Court of the United States Filed September 19, 2018 Before: Diarmuid F. O’Scannlain, Barry G. Silverman, and Kim McLane Wardlaw, Circuit Judges. ORDER In light of Kernan v. Cuero, 138 S. Ct. 4 (2017), we affirm the judgment of the district court. AFFIRMED. * Scott Kernan has been substituted for his predecessor, Matthew Cate, as Secretary, California Department of Corrections and Rehabilitation.

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