Chaffer

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

of California, Attorney General, Respondents-Appellees.  Sacramento

ORDER

CERTIFYING

QUESTIONS TO

THE CALIFORNIA

 SUPREME COURT

Filed September 2, 2008

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

ORDER

We certify to the California Supreme Court the questions set forth in Part III of this order.

All further proceedings in this case are stayed pending receipt of the answer to the certified question. This case is withdrawn from submission until further order of this court. If the California Supreme Court accepts the certified question for answer, the parties shall file a joint report six months after

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

12425 12426 CHAFFER v. PROSPER date of acceptance and every six…