Michael Cuero v. Matthew Cate

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 MATTHEW CATE, Respondent-Appellee. ORDER Appeal from the United States District Court for the Southern District of California Barry T. Moskowitz, District Judge, Presiding Argued and Submitted August 5, 2015 Pasadena, California Filed March 8, 2017 Before: Diarmuid F. O’Scannlain, Barry G. Silverman, and Kim McLane Wardlaw, Circuit Judges. Order; Concurrence by Judge Wardlaw; Dissent by Judge Callahan 2 CUERO V. CATE SUMMARY* Habeas…