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BEVERLY TRAN,
Relator, Case #:
v. JURY REQUESTED
VERLIE RUFFIN,
OMBUDSMAN OF THE OFFICE
OF CHILDREN’S OMBUDSMAN,
Respondent.
NOW COMES, Beverly Tran, in pro per, Relator in the above-captioned matter,
respectfully brings forth unto this Honorable Court this Application for issuance of Writ
federal law to the counties prosecutor or the Attorney General, and asks this Court for
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RELEVANT STATUTORY SCHEME
Per the Children’s Ombudsman Act 204 of 1994, MCL 722.927 § 7(4) in relevant
part:
JURISDICTION
PARTIES
Relator Tran, is a citizen of the State of Michigan and complainant to the Office
as the State Children’s Ombudsman on January 30, 2006, whose empowering authority is
Respondent Ruffin may be served, pursuant to MCR 2.105, at her principle office
FACTUAL ALLEGATIONS
remedies, filed first complaint to the OCO to investigate violations of law and
policy.
2. On or about March 1, 2004, Relator Tran was denied initiation of investigation for
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3. On or about October 10, 2005, Relator Tran filed second complaint to the OCO to
5. On or about January 10, 2006, Relator Tran filed third complaint to the OCO to
6. On or about January 11, 2006, the OCO initiated investigation for violations of
8. On or about March 17, 2007, Respondent Ruffin closed Petitioner Tran’s case
General.
9. On or about February 21, 2007, Petitioner Tran presented testimony in front of the
Attorney General.
10. On or about January 2, 2009, Relator Tran filed complaint for investigation as a
proximate cause of failure to report violations of federal and state laws and
11. On or about January 15, 2009, Respondent Ruffin responded, that, [sic] “The
OCO will continue to work to improve the child welfare system in ways that are in
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12. As of January 15, 2009, Respondent Ruffin continues to be grossly negligent in
federal law to counties prosecutor or the Attorney General who have authority to
13. Wayne County is the only county in the State where the Attorney General
14. Respondent Ruffin has never reported violations of state or federal law to the
15. Respondent Ruffin’s actions and/or inactions are woefully negligent, malfeasant
and misfeasant under the color of enabling law, P.A. 204 of 1995, of the State of
Michigan.
15. Respondent Ruffin has knowingly and willfully failed to execute her ministerial
16. Respondent Ruffin has knowingly and willfully failed to execute her ministerial
17. Upon information and belief, and for the reasons stated above, Petitioner Tran
alleges that Respondent Ruffin’s failure to execute her public duties as the State
false claims committed by individual state agents, individuals of the counties, and
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18. Upon information and belief, and for the reasons stated above, Petitioner Tran
alleges that Respondent Ruffin’s failure to execute her public duties as the State
19. Lastly, that Relator Tran has no other specific legal remedy, and cannot have
adequate legal relief without the aid of the people’s Writ of Peremptory
For the issuance of Writ of Peremptory Mandamus lies to compel Verlie Ruffin,
to perform her ministerial duty to immediately report of violations of state or federal law
to the counties prosecutor or the Attorney General, and that such other order may be had
arbitrary and unlawful exercise of discretion in her failure to execute a statutory duty to
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For such other and further relief as this Court may deem proper, including
damages for intentional infliction of emotional and pecuniary distress resulting from
Respondent Ruffin’s failure to immediately report the violations of state or federal law
__________________________
Beverly Tran
8437 Lumpkin
Hamtramck, MI 48212
313-522-8213
batran@wayne.edu
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VERIFICATION
I, Beverly Tran, Petitioner, have read the foregoing and know the contents,
thereof. The same is true of my own knowledge, except as to those matters that are
therein alleged on information and belief; and, as to those matters, I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct.
STATE OF MICHIGAN )
ss
COUNTY OF _______________)
My Commission expires:
_________________________Signature:_______________________________
Date Deputy Clerk/Notary Public
____________________________ _______________________
Beverly Tran DATE
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STATE OF MICHIGAN
IN THE COURT OF APPEALS
BEVERLY TRAN,
Petitioner, Case #:
v. JURY REQUESTED
VERLIE RUFFIN,
DIRECTOR OF THE OFFICE
OF CHILDREN’S OMBUDSMAN,
Respondent.
suffering.
Page 8 of 13
I declare under penalty of perjury under the laws of the State of Michigan that the
_______________________ _______________________
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STATE OF MICHIGAN
IN THE COURT OF APPEALS
BEVERLY TRAN,
Relator, Case #:
v. JURY REQUESTED
VERLIE RUFFIN,
DIRECTOR OF THE OFFICE
OF CHILDREN’S OMBUDSMAN,
Respondent.
On reading the petition of Relator and on ex-parte motion of Relator, good cause
appearing, it is ordered that Respondent Ruffin show cause before said Court of Appeals
located at _______________, on April _____, 2009, at ______, to give any legal reason
why the issuance of the Writ of Peremptory Mandamus requested by Relator Tran should
not be made by this Court requiring Respondent Ruffin to immediately report violations
_____________________________ _______________________
Judge(s) Date
____________________________
Clerk
Page 10 of 13
STATE OF MICHIGAN
IN THE COURT OF APPEALS
BEVERLY TRAN,
Relator, Case #:
v. JURY REQUESTED
VERLIE RUFFIN,
DIRECTOR OF THE OFFICE
OF CHILDREN’S OMBUDSMAN,
Respondent.
On reading the petition of Relator Tran and on ex-parte motion of Relator Tran,
good cause appearing, it is ordered that an Alternative Writ of Mandamus issue to and
under the seal of this Court directed to the said Respondent Ruffin commanding her
prosecutor or the Attorney General or that the Respondent Ruffin show cause before said
Mandamus should not be issued out of said Court requiring the Respondent Ruffin to do
said act.
Alternative Writ of Mandamus herein authorized, and a copy of the said petition be
2009.
_________________________ ____________________________
Judge(s) Date
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STATE OF MICHIGAN
IN THE COURT OF APPEALS
BEVERLY TRAN,
Relator, Case #:
v. JURY REQUESTED
VERLIE RUFFIN,
DIRECTOR OF THE OFFICE
OF CHILDREN’S OMBUDSMAN,
Respondent.
GREETING TO ALL:
WHEREAS, it has been ordered with good cause that Respondent Ruffin is to
perform her ministerial duty to immediately report violations of state or federal law to
have been given to understand, we, therefore, being willing that speedy justice should be
done in this behalf, do command and firmly enjoin you that, immediately after receipt of
this Writ, you do immediately report violations of state or federal law to the counties
prosecutor or Attorney General or that you signify the cause why you cannot or will not
_________________________ ____________________________
Judge(s) Date
_____________________________
Clerk
Page 12 of 13
STATE OF MICHIGAN
IN THE COURT OF APPEALS
BEVERLY TRAN,
Relator, Case #:
v. JURY REQUESTED
VERLIE RUFFIN,
DIRECTOR OF THE OFFICE
OF CHILDREN’S OMBUDSMAN,
Respondent.
GREETING TO ALL:
WHEREAS, it has been ordered with good cause that Respondent Ruffin is to
perform her ministerial duty to immediately report violations of state or federal law to
have been given to understand, and which complaint we have adjudged to be true, as
appears to us of record, we, therefore, being willing that speedy justice should be done in
this behalf, do command and firmly enjoin you that, immediately after receipt of this
Writ, you do immediately report violations of state or federal law to the counties
_________________________ ____________________________
Judge(s) Date
_____________________________
Clerk
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