TERRY JESS DENNIS, BY AND THROUGH KARLA BUTKO, AS NEXT FRIEND, — v. MICHAEL BUDGE, WARDEN BRIAN SANDOVAL, ATTORNEY GENERAL OF THE STATE OF NEVADA, —

378 F.3d 880 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. No. 04-99003. United States Court of Appeals, Ninth Circuit. Argued (by telephone) and Submitted July 26, 2004. Decided July 30, 2004. COPYRIGHT MATERIAL OMITTED Michael Pescetta, Assistant Federal Public Defender, Las Vegas, Nevada, for petitioner-appellant. Robert E. Wieland, Senior Deputy Attorney General, Reno, Nevada, for respondent-appellee. Appeal from the United States District Court for the District of Nevada Philip M. Pro, Chief District Judge, Presiding. D.C. No. CV-S-04-0798-PMP. Before: RYMER, BERZON, and CALLAHAN, Circuit Judges. RYMER, Circuit Judge: 1 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. The…