Damian Durflinger v. Sheriff Tim Helder, Washington County, Arkansas

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 21-3809
___________________________
Damian Durflinger
lllllllllllllllllllllPlaintiff - Appellant
v.
Sheriff Tim Helder, Washington County, Arkansas; Deputy Gerardo Cervantes;
Deputy Andrew Whisenhunt; Deputy David Tonsbeek; Deputy Jordan Myatt;
Deputy Jonathan Glass; Corporal Dustin Carter; Sergeant James Morse; Corporal
Mulvaney; Sgt Mariah Carrier; Corporal Joel Minor
lllllllllllllllllllllDefendants - Appellees
____________
Appeal from United States District Court
for the Western District of Arkansas
____________
Submitted: August 3, 2022
Filed: August 8, 2022
[Unpublished]
____________
Before BENTON, SHEPHERD, and GRASZ, Circuit Judges.
____________
PER CURIAM.
Damian Durflinger appeals after the district court adopted the report and
recommendation of a magistrate judge recommending the adverse grant of summary

-- 1 of 2 --

judgment in this pro se civil rights action. Following the district court’s grant of
summary judgment, the court received objections to the report and recommendation
from Durflinger, who certified that he timely mailed the objections from the prison
in which he was incarcerated. We conclude Durflinger’s objections were timely, and
remand is appropriate to allow the district court to conduct de novo review of the
report and recommendation in light of Durflinger’s objections. See 28 U.S.C.
§ 636(b)(1) (stating district court judge shall make de novo determination of portions
of magistrate judge’s report to which objection has been made); Grinder v. Gammon,
73 F.3d 793, 795 (8th Cir. 1996). Accordingly, we vacate the judgment of the district
court and remand for the district court to conduct the required de novo review.
______________________________
-2-

-- 2 of 2 --