Leah Ann Banville v. Nancy Ayers et al
Defendant: People of the State of California
Petitioner: Leah Ann Banville
Respondent: Nancy Ayers and James Fryhoff
Case Number: 2:2023cv04890
Filed: June 21, 2023
Court: US District Court for the Central District of California
Presiding Judge: Stephanie S Christensen
Referring Judge: Charles F Eick
2 Judge: Maame Ewusi-Mensah Frimpong
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 8, 2023 Opinion or Order Filing 18 (IN CHAMBERS) Order Requiring Response to Respondent's Motion to Dismiss Petition for Writ of Habeas Corpus by Magistrate Judge Stephanie S Christensen re: NOTICE OF MOTION AND MOTION to Dismiss Case Petition for Writ of Habeas Corpus #17 . IT IS ORDERED that Petitioner must file an opposition to the motion to dismiss, or a notice of non-opposition to the motion to dismiss, no later than September 7, 2023. Respondent may file an optional reply to Petitioner's opposition no later than September 28, 2023. The Court will take the matter under submission without oral argument as of the date Respondent's optional reply is due. (SEE DOCUMENT FOR FURTHER INFORMATION) (tsn)
August 4, 2023 Filing 17 NOTICE OF MOTION AND MOTION to Dismiss Case Petition for Writ of Habeas Corpus filed by Real Party in Interest People of the State of California. (Attorney Michelle J Contois added to party People of the State of California(pty:rpid)) (Contois, Michelle)
August 1, 2023 Filing 16 Text Only Entry re ORDER OF THE CHIEF MAGISTRATE JUDGE #8 . Resent to Leah Ann Banville at PO Box 6929 Ventura, CA 93006 via PSBUSM on this date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dml) TEXT ONLY ENTRY
July 31, 2023 Filing 15 Mail Returned addressed to Leah Ann Banville BK.N0.2168290 Todd Road Jail 600 South Todd Road Santa Paula, CA 93060 re Chief Magistrate Judge Transferring Case (non-consent),, #8 . Remarks: Wrong Address (dml)
July 26, 2023 Filing 14 Mail Returned addressed to Leah Ann Banville regarding re Order Requiring Return/Answer to Petition #5 . Remarks: Wrong address return to sender. (vam)
July 24, 2023 Filing 13 Mail Returned addressed to Leah Ann Banville regarding Notice of Reference to US Magistrate Judge (CV-84) (Habeas Corpus) form #4 . Remarks: Wrong address return to sender. (vam)
July 18, 2023 Filing 12 ANSWER to Petition for Writ of Habeas Corpus (2254) #1 filed by defendant James Fryhoff.(Attorney Brett Burke McMurdo added to party James Fryhoff(pty:res))(McMurdo, Brett)
July 14, 2023 Opinion or Order Filing 11 ORDER by Magistrate Judge Stephanie S Christensen: re #10 APPLICATION for Order for Substituting Counsel of Record for Respondent. Good cause having been shown, it is HEREBY ORDERED that the California Attorney General is discharged from all further obligations to file an Answer to the Petition for Writ of Habeas Corpus filed in this matter. The Ventura District Attorney shall file an Answer within twenty-three (23) days of this Order. (tsn)
July 13, 2023 Filing 10 APPLICATION for Order for Substituting Counsel of Record for Respondent filed by Respondents Nancy Ayers. (Attachments: #1 Proposed Order) (Attorney Kenneth C Byrne added to party Nancy Ayers(pty:res)) (Byrne, Kenneth)
July 11, 2023 Filing 9 Mail Returned addressed to Leah Ann Banville re Order, #6 . Remarks: Wrong address return to sender. (tsn)
July 5, 2023 Opinion or Order Filing 8 ORDER OF THE CHIEF MAGISTRATE JUDGE - OCMJ# 23-060 by Magistrate Judge Karen L. Stevenson. Pursuant to the recommended procedure adopted by the Court for the CREATION OF THE CALENDAR of Magistrate Judge Stephanie S. Christensen, this case is transferred from the calendar of Magistrate Judge Charles F. Eick to the calendar of Magistrate Judge Stephanie S Christensen for all further proceedings authorized by statute, local rules and general orders. All documents subsequently filed shall bear this new case designation 2:23-cv-04890-MEMF-SSC absent further order of the Court. (et)
June 29, 2023 Opinion or Order Filing 7 ORDER by Judge Maame Ewusi-Mensah Frimpong: granting #3 REQUEST for Leave to Proceed without Prepayment of Filing Fee. (yl)
June 27, 2023 Opinion or Order Filing 6 ORDER by Magistrate Judge Charles F. Eick. IT IS ORDERED that Petitioner shall serve upon Respondent or, if appearance has been entered by counsel, upon Respondent's attorneys, a copy of every future pleading or other document submitted for consideration by the Court. (vmun)
June 27, 2023 Opinion or Order Filing 5 ORDER REQUIRING ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS by Magistrate Judge Charles F. Eick. IT IS HEREBY ORDERED that Respondent file an Answer to the Petition within 23 days of the date of this Order. All lodged documents must be numbered sequentially. Each lodged document must be stapled or otherwise securely fastened, and must bear the lodgment number and case number on the first page of the document. IT IS FURTHER ORDERED that, if Petitioner desires to file a Reply to the Answer, Petitioner shall do so within 15 days of the date that the Answer is filed. IT IS FURTHER ORDERED that Respondent shall give timely notice of any court proceeding to any person who is a crime victim within the meaning of 18 U.S.C. section 3771. (See document for further details) (Attachments: #1 Petition, #2 Election re Consent, #3 Notice of Reference) (vmun)
June 23, 2023 Filing 4 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Maame Ewusi-Mensah Frimpong and referred to Magistrate Judge Charles F. Eick, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (lh)
June 21, 2023 Filing 3 DECLARATION in Support of Request to Proceed In Forma Pauperis, filed by Petitioner Leah Ann Banville. (lh)
June 21, 2023 Filing 2 ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c filed by Petitioner Leah Ann Banville. The Petitioner does not consent. (lh)
June 21, 2023 Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge Maame Ewusi-Mensah Frimpong and referred to Magistrate Judge Charles F. Eick. (Filing Fee $5 DUE), filed by Petitioner Leah Ann Banville. (lh)

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Petitioner: Leah Ann Banville
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Respondent: Nancy Ayers
Represented By: Kenneth C Byrne
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Respondent: James Fryhoff
Represented By: Brett Burke McMurdo
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Defendant: People of the State of California
Represented By: Michelle J Contois
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