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DAVIS v. SCOTT

No. 98-7025.

176 F.3d 805 (1999)

Matthew DAVIS, Party in Interest-Appellant, and Lisa G. Leak-Davis, and (Minor Child), Ms. Malisa B. Davis, on behalf of Husband and Father Matthew Davis, # 00270-131, and his Grants of Immunities, Petitioner, v. Willie SCOTT, Warden; Janet Reno, United States Attorney General, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 19, 1999.

Attorney(s) appearing for the Case

ARGUED: Christopher Mizzo, Student Counsel, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant. Gill Paul Beck, Assistant United States Attorney, Greensboro, North Carolina, for Appellees. ON BRIEF: Neal L. Walters, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant. Walter C. Holton, Jr., United States Attorney, Greensboro, North Carolina, for Appellees.

Before WIDENER, MURNAGHAN, and MOTZ, Circuit Judges.

Dismissed by published opinion. Judge MOTZ wrote the opinion, in which Judge WIDENER and Judge MURNAGHAN joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

When the wife of a federal prisoner applied for habeas relief "on behalf of" her husband, a magistrate judge dismissed her petition without prejudice to the prisoner filing his own petition. Finding the ruling not clearly erroneous or contrary to law, the district court affirmed. The prisoner...

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