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VARGAS v. LAMBERT

No. 98-99028.

159 F.3d 1161 (1998)

Katie VARGAS, on behalf of her next friend, Jeremy Vargas Sagastegui, Plaintiff-Appellant, v. John LAMBERT, Superintendent, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 11, 1998.

Amended October 12, 1998.

Attorney(s) appearing for the Case

Bruce Livingston and Joan Fisher, Federal Defenders of Eastern Washington and Idaho, Moscow, ID, Todd Maybrown, Allen, Hansen, Maybrown, Seattle, Washington, Sheryl Gordon McCloud, Seattle, WA, for appellant.

John Sampson, Olympia, WA, for appellee.

Before: REINHARDT, THOMPSON and KLEINFELD, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge.

Katie Vargas ("Vargas") appeals the district court's denial of her application for a stay of execution filed on behalf of her son, Jeremy Sagastegui ("Sagastegui"), a Washington state prisoner, who is scheduled to be executed on October 13, 1998. The district court held that Vargas lacked standing as Sagastegui's "next friend" and that the district court therefore lacked jurisdiction to entertain her application. The court dismissed...

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