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MILLER EX REL. JONES v. STEWART

No. 00-99017.

231 F.3d 1248 (2000)

Don Jay MILLER, By and Through Nancy Follin JONES, Petitioner-Appellant, v. Terry STEWART, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 7, 2000.

Attorney(s) appearing for the Case

Julie S. Hall, Esq., Tucson, Arizona for the petitioner-appellant.

Harriette P. Levitt, Esq., Tucson, Arizona, Advisory Counsel for the petitioner-appellant.

Dawn Marie Northup, Office of the Attorney General, Phoenix, Arizona, for the respondents-appellees.

Before: REINHARDT, RYMER, and FISHER, Circuit Judges.

OPINION

REINHARDT, Circuit Judge.

Nancy Follin Jones, an attorney with the Pima County Public Defenders Office (PCPD), appeals the denial of her motion to proceed as next friend and to stay the execution of Don Jay Miller, an Arizona prisoner under sentence of death who has declined to seek federal habeas relief and refused to be represented in doing so by Jones or PCPD. Miller's execution is currently scheduled...

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