Keyara Kimbrough v. State of North Carolina
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
KEYARA KIMBROUGH, Case No. 2:23-cv-09312-SB-SHK Plaintiff, v.
ORDER DISMISSING
STATE OF NORTH CAROLINA, COMPLAINT FOR WRONG
VENUE
Defendant. Plaintiff Keyara Kimbrough filed a complaint alleging that Defendant State of North Carolina violated her son’s Fourth and Fourteenth Amendment rights. Dkt. No. 1. Plaintiff also filed a request to proceed in forma pauperis. Dkt. No. 3. Pursuant to its obligations under 28 U.S.C. § 1915(e), the Court screened the complaint. See Shirley v. Univ. of Idaho, College of Law, 800 F.3d 1193, 1194 (9th Cir. 2015) (stating that a “district court shall screen . . . an action filed by a plaintiff proceeding in forma pauperis”). A court may raise the issue of venue sua sponte where the defendant has not filed a responsive pleading and the time for doing so has not yet run. See Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986). A civil action may be brought in “(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events…