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McAULEY v. SMITH

No. 97-1341.

82 Ohio St.3d 393 (1998)

MCAULEY, APPELLANT, v. SMITH, JUDGE, APPELLEE, ET AL.

Supreme Court of Ohio.

Decided July 29, 1998.

Attorney(s) appearing for the Case

Hermann, Cahn & Schneider and James S. Cahn, for appellant.

Iris Torres Guglucello, Mahoning County Assistant Prosecuting Attorney, for appellees.

Per Curiam.

In his propositions of law, McAuley asserts that the court of appeals erred in sua sponte dismissing his complaint for a writ of prohibition. Sua sponte dismissal without notice is appropriate only if the complaint is frivolous or the claimant obviously cannot prevail on the facts alleged in the complaint. State ex rel. Fogle v. Steiner (1995),

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