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In the

Indiana Supreme Court

FILED
Oct 11 2016, 3:46 pm

CLERK

Indiana Supreme Court


Court of Appeals
and Tax Court

Douglas Costello, et al.,


Appellants,

Court of Appeals Case No.


49A04-1504-PL-00163
Trial Court Case No.
49D10-1011-PL-49972

v.
Gersh Zavodnik,
Appellee.

Order
On August 25, 2016, this Court issued an order taking Appellees August 22 motion to
proceed in forma pauperis under advisement and permitting Appellee to tender a petition to
transfer no later than September 26, because the motion had not been accompanied by a petition
to transfer. The order provided that no extensions of time [would] be granted absent
extraordinary and unforeseeable circumstances (emphasis in original).
On September 26, Appellee filed three documents: a Verified Motion in Objection to Not
Putting the Attached Petition for Transfer Into the Docket & My Verified Affidavit, Deliberately
Sabotaging My Appeal (Objection); a Verified Motion/Affidavit for Disqualification of
Judges of the Indiana Court of Appeals (C.A.) & Justices of the Indiana Supreme Court
(I.S.C.) (Motion to Disqualify); and a Verified Motion to Immediately Set a
Disqualifications Hearing & Allowing Me to Rebut the Guilty Verdict Without Affording Me
Due Process (Motion for Hearing).
None of those documents was (or included by attachment or otherwise) a petition to
transfer. However, the Objection appears to assert that Appellee did include a petition to
transfer with his August 22 filings. Specifically, the Objection states (reproduced verbatim,
except we have added boldface for emphasis):
On 08/22/2016 I brought for filing with the Court of Appeals (C.A.), several
documents, Verified Motion To Publish Opinion, Verified Motion To Modify
Existing App. Rule 65(B). In Objection To Non-publication & In Support Of
Verified Motion To Publish Opinion, Verified Motion To Proceed In Forma
Pauperis, the attached Petition For Transfer and the Verified Affidavit In Support
Of Motion To Proceed On Transfer In Forma Pauperis.
The Clerk received four documents from Appellee on August 22, all of which were
presented in-person at the Clerks Office: (1) the 38-page Verified Motion to Proceed in Forma
Pauperis addressed by this Courts August 25 order; (2) a 14-page Verified Motion to Publish
Opinion; (3) a 7-page Verified Affidavit of Personal Knowledge (First-Hand Knowledge) in

Support of the Verified Motion to Publish Opinion; (4) and a 13-page Verified Motion to
Modify Existing App. Rule 65(B), In Objection to Non-Publication & In Support of Verified
Motion to Publish Opinion. No petition to transfer was tendered at that time, either attached
to or otherwise included in any of those documents or as a separate document.
Besides the four August 22 documents and the three September 26 documents addressed
in this order, the Clerk has received only one other document from Appellee in this case: a 6page Verified Motion to Withdraw (3) Three Documents*, if the Opinion Has Been Published,
But Not to Withdraw Petition for Transfer, Verified Motion to Proceed in Forma Pauperis &
Verified Affidavit, which was received August 25 but file-marked August 24. That document
included no petition to transfer, and the Clerk received no other documents from Appellee
thereafter until the three September 26 motions addressed in this order.
Finally, none of the three documents Appellee rotunda-filed on September 26the 14page Objection, the 18-page Motion to Disqualify, and the 6-page (numbered 1-7 but missing
page 4) Motion for Hearinghad a petition to transfer attached or otherwise included, and
and no petition to transfer in this case has subsequently been received by mail or otherwise.
Besides his Objection, Appellee also seeks to disqualify the entire Indiana appellate
bench, essentially accusing every judicial officer who has ruled against him and every opposing
party or attorney of conspiring against him. He further demands a hearing on that request.
Being duly advised, the Court DENIES the Motion to Disqualify and therefore DENIES
AS MOOT the Motion for Hearing. Further, the Court DENIES Appellees Objection; and
because Appellee has not tendered a petition to transfer within the time permitted by this
Courts August 25 order, the Court further DENIES AS MOOT his August 22 Verified
Motion to Proceed In Forma Pauperis. This appeal is therefore at an end, and the Clerk is
ordered to certify the Court of Appeals decision as final.
Done at Indianapolis, Indiana, on ___________.

Loretta H. Rush
Chief Justice of Indiana

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