State ex rel. Jones v. Garfield Heights Municipal Court

In his propositions of law, Jones asserts that the court of appeals erred in sua sponte dismissing his complaint for a writ of prohibition. Although *448sua sponte dismissal of a complaint without notice is generally inappropriate, it is warranted if the complaint is frivolous or the claimant obviously cannot prevail on the facts alleged in the complaint. State ex rel. Cossett v. State Governors Federalism Summit (1995), 74 Ohio St.3d 1416, 655 N.E.2d 737. To be entitled to a writ of prohibition, Jones had to establish (1) that the municipal court is about to exercise judicial power, (2) that the…