FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

MICHAEL DANIEL CUERO, No. 12-55911 Petitioner-Appellant, D.C. No. v. 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.