FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ANDREW PASQUALE CHAFFER,  No. 07-16853 Petitioner-Appellant, D.C. No. v. CV-06-00950-LKK K. PROSPER; BILL LOCKYER, Eastern District Attorney General, of California, Sacramento Respondents-Appellees.  ORDER PUBLISHING ORDER CERTIFYING QUESTIONS TO THE CALIFORNIA  SUPREME COURT

Filed September 9, 2008 Before: Diarmuid F. O’Scannlain and Barry G. Silverman, Circuit Judges, and James K. Singleton,* Senior District Judge.

ORDER The Order Certifying Questions to the California Supreme Court, filed on September 2, 2008, is hereby published.

IT IS SO ORDERED.

*The Honorable James K. Singleton, United States District Judge for the District of Alaska, sitting by designation.

12475 PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON REUTERS/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2008 Thomson Reuters/West.