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STATE EX REL. FUQUA v. ALEXANDER

No. 97-428.

79 Ohio St.3d 206 (1997)

THE STATE EX REL. FUQUA, APPELLANT, v. ALEXANDER, APPELLEE.

Supreme Court of Ohio.

Decided July 16, 1997.

Attorney(s) appearing for the Case

Carlos J. Fuqua, pro se.

Robert J. McClaren, Hardin County Assistant Prosecuting Attorney, for appellee.

Per Curiam.

Fuqua asserts that the court of appeals erred in dismissing his mandamus action. The court of appeals granted Alexander's Civ.R. 12(B)(6) motion when it dismissed Fuqua's complaint. In order to dismiss a complaint for failure to state a claim upon which relief can be granted under Civ.R. 12(B)(6), it must appear beyond doubt that relator can prove no set of facts warranting relief, after all factual allegations of the complaint are presumed true...

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