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DENNIS EX REL. BUTRO v. BUDGE

No. 04-99003.

378 F.3d 880 (2004)

Terry Jess DENNIS, by and through Karla BUTKO, as Next Friend, Petitioner — Appellant, v. Michael BUDGE, Warden; Brian Sandoval, Attorney General of the State of Nevada, Respondents — Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 30, 2004.

Attorney(s) appearing for the Case

Michael Pescetta, Assistant Federal Public Defender, Las Vegas, Nevada, for petitioner-appellant.

Robert E. Wieland, Senior Deputy Attorney General, Reno, Nevada, for respondent-appellee.

Before: RYMER, BERZON, and CALLAHAN, Circuit Judges.

Argued (by telephone) and Submitted July 26, 2004.

RYMER, Circuit Judge:

Karla Butko, a lawyer, appeals the district court's denial of her petition for writ of habeas corpus filed on behalf of her former client, Terry Dennis, a Nevada state prisoner, who is scheduled to be executed on August 12, 2004. She also asks for a stay of execution. The district court held that Butko lacks standing as Dennis's "next friend" and, consequently, dismissed the habeas petition...

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