Ohio Supreme Court November 24, 1999, No. 99-1036 (State ex rel. Bruggeman v. Ingraham)

lead-opinion

Per Curiam.

Bruggeman asserts that the court of appeals erred in dismissing his prohibition action for failure to state a claim upon which relief can be granted. Sua sponte dismissal of a complaint for failure to state a claim is appropriate if the complaint is frivolous or the claimant obviously cannot prevail on the facts alleged in the complaint. State ex rel. Thompson v.