Robert Daniel Gassler v. James Bruton, Warden, 255 F.3d 492 (8th Cir. 2001). · Go Syfert
Robert Daniel Gassler v. James Bruton, Warden, 255 F.3d 492 (8th Cir. 2001). Cases Citing This Book View Copy Cite
57 citation events (57 in the last 25 years) across 13 distinct courts.
Strongest positive: Antonio Courtney v. Richard Adams (moed, 2026-03-31)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 45 distinct citers. How cited ↗
cited Cited as authority (rule) Antonio Courtney v. Richard Adams
E.D. Mo. · 2026 · confidence medium
Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001).
cited Cited as authority (rule) Cody v. Jeffreys
D. Neb. · 2024 · confidence medium
Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir.2001).
cited Cited as authority (rule) Hardrick v. 36th District Court
E.D. Mich. · 2024 · confidence medium
Mich. 2002) (citing Gassler v. v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001)).
discussed Cited as authority (rule) Wallace v. United States
E.D. Mo. · 2023 · confidence medium
Equitable Tolling The Eighth Circuit has recognized that the doctrine of equitable tolling is available to a § 2255 movant, but only “under limited conditions, for example, where extraordinary circumstances beyond a prisoner's control prevent the timely filing.” See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001); United States v. Martin, 408 F.3d 1089, 1092 (8th Cir. 2005).
discussed Cited as authority (rule) Minnis v. United States
E.D. Mo. · 2023 · confidence medium
This motion was filed on March 3, 2022, so his § 2255 motion is time barred and must be dismissed unless, in this case, equitable tolling applies Equitable Tolling 15 available to a § 2255 movant, but only “under limited conditions, for example, where extraordinary circumstances beyond a prisoner's control prevent the timely filing.” See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001); United States v. Martin, 408 F.3d 1089, 1092 (8th Cir. 2005).
cited Cited as authority (rule) Wolfe v. Payne
W.D. Ark. · 2022 · confidence medium
See Holland v. Florida, 560 U.S. 631 , 634 (2010); Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001).
discussed Cited as authority (rule) Staley v. United States
E.D. Mo. · 2020 · confidence medium
Mo. Sept. 30, 2009) (citing Jihad v. Hvass, 267 F.3d 803, 806 (8th Cir. 2001) (“[L]ack of access to a trial transcript does not preclude a petitioner from commencing post-conviction proceedings and therefore does not warrant equitable tolling.”); Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001) (holding that delays in obtaining trial transcript did not extend the limitations period in part because “possession of a transcript . . . is not a condition precedent to the filing of such proceedings.”)).
cited Cited as authority (rule) Jackson v. Parish
E.D. Mich. · 2019 · confidence medium
Mich. 2002) (citing to Gassler v. Bruton, 255 F. 3d 492, 495 (8th Cir. 2001)).
discussed Cited as authority (rule) Phillips v. Davis
W.D. Tex. · 2019 · confidence medium
Clark v. Oklahoma, 468 F.3d 711, 714 (10th Cir. 2006); Randolph v. Taylor, 69 F. App’x 824, 825 (9th Cir. 2003); Donovan v. Maine, 276 F.3d 87, 93 (1st Cir. 2002); Miller v. Cason, 49 F. App’x 495, 497 (6th Cir. 2002); Lloyd v. Vannatta, F.3d 630, 632-33 (7th Cir. 2002); Crawford v. Costello, 27 F. App’x 57, 59 (2d Cir. 2001); Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001); Jihad v. Hvass, 267 F.3d 803, 806 (8th Cir. 2001).
discussed Cited as authority (rule) Sisseton-Wahpeton Oyate of the Lake Traverse Reservation v. United States Corps of Engineers
D.S.D. · 2013 · confidence medium
Id. at 451 ; Earl v. Fabian, 556 F.3d 717, 723 (8th Cir.2009) (“The doctrine of equitable tolling may apply [where] ... there limitations period ... is not a jurisdictional bar.”) (emphasis added) (quoting Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir.2001)); cf, John R.
discussed Cited as authority (rule) Heinemann v. Murphy
10th Cir. · 2010 · confidence medium
See Lloyd, 296 F.3d at 634 (“[E]quitable tolling does not excuse Mr. Lloyd’s late filing simply because he was unable to obtain a complete trial transcript before he filed his § 2254 petition.”); Donovan v. Maine, 276 F.3d 87, 93 (1st Cir. 2002) (“[T]he state court’s delay in furnishing the petitioner with the transcript did not establish a basis for equitable tolling”); Jihad, 267 F.3d at 806 (lack of access to transcript does not warrant equitable tolling); Ga ssler v. Bruton, 255 F.3d 492, 495 (8th Cir.2001) (rejecting equitable tolling argument based on alleged delay in receip…
discussed Cited as authority (rule) Castro-Gaxiola v. United States
W.D. Mo. · 2009 · confidence medium
See Jihad v. Hvass, 267 F.3d 803, 806 (8th Cir.2001) (“[L]lack of access to a trial transcript does not preclude a petitioner from commencing post-conviction proceedings and therefore does not warrant equitable tolling.”); Gas sler v. Bruton, 255 F.3d 492, 495 (8th Cir.2001) (holding that delays in obtaining trial transcript did not extend the limitations period in part because “possession of a transcript a condition precedent to the filing of such proceedings”).
discussed Cited as authority (rule) Jerrell Murray v. United States (2×)
8th Cir. · 2009 · confidence medium
This one-year period can be equitably tolled “under limited conditions, for example, where extraordinary circumstances beyond a prisoner’s control prevent the timely filing.” See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir.2001); United States v. Martin, 408 F.3d 1089, 1092 (8th Cir.2005) (equitable tolling applies to § 2255 motion).
discussed Cited as authority (rule) Earl v. Fabian
8th Cir. · 2009 · confidence medium
In this circuit “equitable tolling is appropriate only under limited conditions, for example, where extraordinary circumstances beyond a prisoner’s control prevent the timely filing of a petition” or where the “conduct of the defendant has lulled the plaintiff into inaction.” Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir.2001) (internal quotation marks omitted).
discussed Cited as authority (rule) Christopher Earl v. Joan Fabian
8th Cir. · 2009 · confidence medium
In this circuit "equitable tolling is appropriate only under limited conditions, for example, where extraordinary circumstances beyond a prisoner's control prevent the timely filing of a petition" or where the "conduct of the defendant has lulled the plaintiff into inaction." Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001) (internal quotation marks omitted).
discussed Cited as authority (rule) Donald Riddle v. Michael Kemna
8th Cir. · 2008 · confidence medium
See Jackson v. Ault, 452 F.3d 734, 736-37 (8th Cir. 2006) (attempt to obtain post conviction counsel); Maghee, 410 F.3d at 476 (failure to understand the plain language of a dismissal notice); Shoemate v. Norris, 390 F.3d 595, 598 (8th Cir. 2004) (prisoner’s misunderstanding of proper procedure to file state petition); Cross-Bey v. Gammon, 322 F.3d 1012, 1016 (8th Cir. 2003) (petitioner’s lack of understanding of the law, and of the effect of his voluntary dismissal); Baker, 321 F.3d at 771-72 (limited access to law library and advance sign- up; ignorance of AEDPA’s enactment); Jihad, 26…
discussed Cited as authority (rule) Riddle v. Kemna
8th Cir. · 2008 · confidence medium
See Jackson v. Ault, 452 F.3d 734, 736-37 (8th Cir.2006) (attempt to obtain post conviction counsel); Maghee, 410 F.3d at 476 (failure to understand the plain language of a dismissal notice); Shoemate v. Norris, 390 F.3d 595, 598 (8th Cir.2004) (prisoner’s misunderstanding of proper procedure to file state petition); Cross-Bey v. Gammon, 322 F.3d 1012, 1016 (8th Cir.2003) (petitioner’s lack of understanding of the law, and of the effect of his voluntary dismissal); Baker, 321 F.3d at 771-72 (limited access to law library and advance sign-up; ignorance of AEDPA’s enactment); Jihad, 267 F.…
discussed Cited as authority (rule) Solomon v. United States (2×)
6th Cir. · 2006 · confidence medium
See Brown v. Shannon, 322 F.3d 768, 774 (3d Cir.2003); Lloyd v. VanNatta, 296 F.3d 630, 633-34 (7th Cir.2002); Donovan v. State of Maine, 276 F.3d 87, 93 (1st Cir.2002); Gas sler v. Bruton, 255 F.3d 492, 495 (8th Cir.2001).
discussed Cited as authority (rule) Lloyd, Kenneth J. v. VanNatta, John R. (2×) also: Cited "see"
7th Cir. · 2002 · confidence medium
See Donovan, 276 F.3d at 93 (delay in obtaining transcript no basis for equitable tolling of one-year limitation period); Gassler, 255 F.3d at 495 (same); Jihad v. Hvass, 267 F.3d 803, 806 (8th Cir. 2001) (lack of access to transcript does not pre- clude petitioner from commencing habeas corpus pro- ceedings and does not warrant equitable tolling); Osborne v. Boone, No. 99-7015, 1999 WL 203523 , at *2 (10th Cir. 1999) (unpublished order) (same, on denial of CA).
discussed Cited as authority (rule) Kenneth J. Lloyd v. John R. Vannatta (2×) also: Cited "see"
7th Cir. · 2002 · confidence medium
See Donovan, 276 F.3d at 93 (delay in obtaining transcript no basis for equitable tolling of one-year limitation period); Gassler, 255 F.3d at 495 (same); Jihad v. Hvass, 267 F.3d 803, 806 (8th Cir.2001) (lack of access to transcript does not preclude petitioner from commencing habeas corpus proceedings and does not warrant equitable tolling); Osborne v. Boone, No. 99-7015, 1999 WL 203523 , at *2 (10th Cir.1999) (unpublished order) (same, on denial of CA).
cited Cited "see" Lajason J. Coakley v. Dexter Payne, Director, Arkansas Division of Correction
W.D. Ark. · 2026 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001).
cited Cited "see" Otte v. Morriss
E.D. Mo. · 2024 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001).
cited Cited "see" Whittier v. Stange
E.D. Mo. · 2024 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001).
discussed Cited "see" Kennemore v. Anderson
E.D. Mo. · 2024 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001) (explaining that equitable tolling may apply to an untimely 28 U.S.C. § 2254 petition “because the limitations period in § 2244(d)(1) is not a jurisdictional bar”).
cited Cited "see" Byrd v. Morrison
E.D. Mich. · 2024 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001); Grayson, 185 F. Supp. 2d at 751–752.
discussed Cited "see" McCormick v. Stange
E.D. Mo. · 2024 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001) (explaining that equitable tolling may apply to an untimely 28 U.S.C. § 2254 petition “because the limitations period in § 2244(d)(1) is not a jurisdictional bar”).
cited Cited "see" Windeknecht v. Hacker
E.D. Mo. · 2024 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001).
cited Cited "see" Waller v. Schmitt
E.D. Mo. · 2022 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001).
discussed Cited "see" Trice v. Butler County Jail Administrator
E.D. Mo. · 2022 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001) (explaining that equitable tolling may apply to an untimely 28 U.S.C. § 2254 petition “because the limitations period in § 2244(d)(1) is not a jurisdictional bar”).
cited Cited "see" Stewart v. State of Missouri
E.D. Mo. · 2022 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8" Cir. 2001).
cited Cited "see" Wright v. Korneman
E.D. Mo. · 2020 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001).
cited Cited "see" Wright v. Korneman
E.D. Mo. · 2020 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001).
cited Cited "see" Young v. Payne
E.D. Mo. · 2020 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001).
cited Cited "see" Lotts v. Steele
E.D. Mo. · 2020 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001).
cited Cited "see" Holman v. Vincenz
E.D. Mo. · 2019 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8" Cir. 2001).
cited Cited "see" Rice v. State of Missouri
E.D. Mo. · 2019 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8" Cir. 2001).
cited Cited "see" Francis v. Lewis
E.D. Mo. · 2019 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8" Cir. 2001).
cited Cited "see" Hester v. Ramey
E.D. Mo. · 2019 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8 Cir. 2001).
cited Cited "see" Kenneth M. Flanders v. L.W. Graves, Warden
8th Cir. · 2002 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir.2001).
cited Cited "see" Kenneth M. Flanders v. L. W. Graves
8th Cir. · 2002 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001).
discussed Cited "see" Donovan v. State of Maine
1st Cir. · 2002 · signal: see · confidence high
See Gassier v. Bruton, 255 F.3d 492, 495 (8th Cir.2001) (rejecting equitable tolling argument based on alleged delay in receipt of a transcript); Brown v. Cain, 112 F.Supp.2d 585, 587 (E.D.La. 2000) (holding transcript unnecessary to prepare habeas petition); Fadayiro v. United States, 30 F.Supp.2d 772, 779-80 (D.N.J.1998) (holding delay in receiving transcripts not sufficiently extraordinary to justify application of equitable tolling); United States v. Van Poyck, 980 F.Supp. 1108, 1110-11 (C.D.Cal.1997) (holding delay in receipt of transcript not an “extraordinary circumstance! ]” suffic…
discussed Cited "see" Hanifi Jihad v. Sheryl Ramstad Hvass, Commissioner of Corrections (2×)
8th Cir. · 2001 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir.2001).
discussed Cited "see" Hanifi Jihad v. Sheryl Ramstad Hvass (2×)
8th Cir. · 2001 · signal: see · confidence high
See Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001).
cited Cited "see, e.g." McKinney v. Payne
E.D. Ark. · 2023 · signal: compare · confidence medium
Compare United States v. Gabaldon, 522 F.3d 1121, 1125 (10th Cir. 2008), with Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001).
discussed Cited "see, e.g." Houston v. Stange
E.D. Mo. · 2021 · signal: see also · confidence medium
Additionally, petitioner’s issue with obtaining a transcript does not meet the kind of extraordinary circumstance beyond his control that entitles him to equitable tolling of the one-year statute of limitations. “[L]ack of access to a transcript does not preclude a petitioner from commencing post-conviction proceedings and therefore does not warrant equitable tolling.” Jihad, 267 F.3d at 806 ; see also Gassler v. Bruton, 255 F.3d 492, 495 (8th Cir. 2001) (possession of a transcript is not a condition precedent to filing for post-conviction relief and does not qualify as an “extraordina…
Retrieving the full opinion text from the archive…
Robert Daniel GASSLER, Appellant,
v.
James BRUTON, Warden, Appellee
00-1859MN.
Court of Appeals for the Eighth Circuit.
Jul 2, 2001.
255 F.3d 492
2001 U.S. App. LEXIS 14792
2001 WL 736682
Robert D. Gassier, Stillwater, MN, pro se., Thomas R. Ragatz, St. Paul, MN, for appellee.
Arnold, Fagg.
Cited by 44 opinions  |  Published
RICHAD S. ARNOLD, Circuit Judge.

Robert D. Gassier Jr. appeals the District Court’s [1] denial of his petition for a writ of habeas corpus on the ground that the petition was untimely under 28 U.S.C. § 2244(d)(1). Mr. Gassier claims that the District Court erred in refusing to apply the doctrine of equitable tolling. We disagree and affirm.

I.

The facts are undisputed. In 1992, Mr. Gassier was convicted of first-degree murder and two counts of second-degree murder in a Minnesota state court. He was sentenced to a minimum of 30 years and a maximum of life in prison. A few months later, Mr. Gassier was transferred to a federal correctional facility at Oxford, Wisconsin, to complete an unrelated sentence. In 1993, the Minnesota Supreme Court affirmed Mr. Gassler’s conviction on direct appeal. In January 1994, he sent a letter to the Minnesota State Public Defender’s Office, his counsel on direct appeal, requesting the transcript from his trial. In a letter dated a few days later, the Public Defender’s Office informed Mr. Gassier that the trial transcript was state-owned property and could not be provided to him while he remained in an out-of-state correctional facility. The letter advised him that he could purchase a copy of the trial transcript, or select portions of the transcript which would be copied and sent to him free of cost. Mr. Gassier was also advised that the trial transcript would be sent to him, upon request, when he returned to a Minnesota correctional facility.

In August of 1995, Mr. Gassier filed a petition for writ of habeas corpus in a Minnesota state court, which was dismissed. In January 1996, he filed a 28 U.S.C. § 2254 petition for habeas corpus in the United States District Court for the District of Colorado, which was dismissed on October 1, 1996, upon the basis of forum non conveniens. Approximately two weeks later, Mr. Gassier was transferred back to a Minnesota state correctional facility, at which time he requested the trial transcript from the Minnesota State Public Defender’s Office. He received the tran[*494] script on December 27, 1996. He initiated proceedings for post-conviction relief in a state court on June 6, 1997. The Minnesota Supreme Court denied post-conviction relief on April 1, 1999. See Gassler v. State, 590 N.W.2d 769 (Minn.1999). On August 9, 1999, Mr. Gassler filed the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the District Court.

Before Magistrate Judge Arthur J. Boy-lan, the state moved for summary dismissal of the petition as untimely under 28 U.S.C. § 2244(d)(1). In response, Mr. Gassier argued that the time during which the state denied him access to the trial transcript should be tolled, because without the transcript he could not properly prepare his post-conviction relief arguments. Thus, he contends the statute of limitations did not commence until December 27, 1996, when .he received the trial transcript.

. In his Report and Recommendation, Judge Boylan held that since Mr. Gassler’s conviction had become final before the passage of the Anti-Terrorism and Effective Death Penalty Act (AEDPA), the one-year statute of limitations commenced on AED-PA’s effective date, April 24, 1996. Thus, in the view of the Magistrate Judge, Mr. Gassier should have filed his petition by April 24, 1997. Judge Boylan declined to exclude the time between April 24, 1996, and December 27, 1996, when Mr. Gassier received the trial transcript.

The District -Court adopted Judge Boy-lan’s Report and Recommendation and entered judgment dismissing the petition. On appeal to this Court, [2] the case was remanded to the District Court for a determination of whether or not a Certificate of Appealability (COA) should issue. The District Court granted a COA on the sole issue of whether or not the petition was timely.

II.

April 24, 1996, was the effective date of AEDPA. Petitioner’s time for filing, absent extensions or tolling of some sort, would expire on April 24, 1997. It was not until after that date that petitioner commenced his state post-conviction proceeding. [3]

Accordingly, this petition is barred unless petitioner is entitled to an extension, so to speak, on account of the difficulty of obtaining the transcript of his trial. His effort to obtain a transcript began in January 1994, but was thwarted at that time by the State’s policy against sending a transcript to a prisoner incarcerated out of state. After petitioner returned to Minnesota, and again requested the transcript, it was provided without extraordinary delay. The request was made in the middle of October, 1996, and the transcript was received by petitioner at the end of December of that year. It was not until five months after that that petitioner commenced proceedings for post-conviction relief in the state courts.

[*495] We do not think that these delays in obtaining the transcript of the trial should have the effect of extending the limitations period. The doctrine of equitable tolling may apply here, because the limitations period in § 2244(d)(1) is not a jurisdictional bar. See Kreutzer v. Bowersox, 231 F.3d 460, 463 (8th Cir.2000), petition for cert, filed (U.S. June 11, 2001) (No. 00-10520). However, equitable tolling is appropriate only under limited conditions, for example, where “extraordinary circumstances” beyond a prisoner’s control prevent the timely filing of a petition. See id; Paige v. United States, 171 F.3d 559, 561 (8th Cir.1999) (declining to toll limitations on account of a delay in the mail system between prisons). Equitable tolling is also appropriate where the “conduct of the defendant has lulled the plaintiff into inaction.” Kreutzer, 231 F.3d at 463.

Here, we understand petitioner’s desire to have a transcript before filing for post-conviction relief. Possession of a transcript, however, is not a condition precedent to the filing of such proceedings. A petition seeking collateral relief could have been filed, following which, if necessary for decision of the issues raised, the court could have ordered production of the transcript. Further, petitioner could have obtained copies of portions of the transcript free. And we are not told which particular claims petitioner was prevented from raising by the lack of a complete transcript.

Accordingly, we hold that the District Court did not err in dismissing this petition as barred by the one-year statute of limitations. The judgment of that Court is affirmed.

1

. The Hon. Judge James M. Rosenbaum, United States District Judge lor the District of Minnesota.

2

. Mr. Gassier filed a notice of appeal which was treated as an application for a COA. See Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997), cert, denied, 525 U.S. 834, 119 S.Ct. 89, 142 L.Ed.2d 70 (1998). The case was remanded to the District Court for consideration in light of Tiedeman v. Benson, 122 F.3d 518 (8th Cir.1997).

3

. We do not know the details of the federal habeas proceeding filed in the District of Colorado. Petitioner does not contend that it should have anything to do with the timeliness of the case before us. In any event, the Supreme Court has now held that the phrase "application ... for other collateral review” in 28 U.S.C. § 2244(d)(2) does not include federal habeas petitions.