Holmes v. Mastraccio et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
JALEN HOLMES
Plaintiff,
-v- 	9:24-CV-1005 (LEK/DJS)
MASTRACCIO and CIANCIO,
Defendants.
MEMORANDUM-DECISION AND ORDER
I. 	INTRODUCTION
On August 16, 2024, Plaintiff Jalen Holmes commenced this action by filing a Complaint
alleging that Defendants F. Mastraccio and Ciancio violated his constitutional rights. Dkt. No. 1
(“Complaint”). Plaintiff also filed a motion to proceed in forma pauperis (“IFP Motion”). Dkt.
No. 2.
On October 23, 2024, this Court issued a Memorandum-Decision and Order granting
Plaintiff’s IFP Motion, dismissing Plaintiff’s claims against Defendants in their official
capacities, and finding Plaintiff’s Eighth Amendment excessive force claims, First Amendment
retaliation, and Fourteen Amendment due process claims survived and required a response. See
generally Dkt. No. 8.
On June 9, 2025, Defendants filed a Motion to Dismiss for failure to state a claim as well
as a Motion for Partial Summary Judgement for failure to exhaust administrative remedies. See
Dkt. No. 39.
On February 2, 2026, the Honorable Judge Daniel J. Stewart, United States Magistrate
Judge, issued an Order & Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local
Rule 72.3(c), recommending that the Motion be granted in part and denied in part. Dkt. No. 51
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(“Report and Recommendation”). Specifically, Judge Stewart recommended that Plaintiff’s
Eighth Amendment sexual assault claim, Eighth Amendment excessive force claim (regarding
the incident on 05/1/2024), and Fourteenth Amendment due process claim against Defendant
Ciancio be dismissed. Id. at 21. He further recommended that Defendants’ Summary Judgement
Motion be denied, with leave to refile, Id. at 19, and that Plaintiff’s Motion to Appoint Counsel
be denied. Id. at 19–21.
No party has filed objections to the Report and Recommendation. For the reasons that
follow, the Court adopts the Report and Recommendation in its entirety.
II. 	BACKGROUND
The Court assumes familiarity with the factual and procedural background detailed in the
Report and Recommendation. See R. & R. at 2–4.
III. 	LEGAL STANDARD
“Rule 72 of the Federal Rules of Civil Procedure and Title 28 United States Code Section
636 govern the review of decisions rendered by Magistrate Judges.” A.V. by Versace, Inc. v.
Gianni Versace, S.p.A., 191 F. Supp. 2d 404, 405 (S.D.N.Y. 2002); see also 28 U.S.C. § 636;
Fed. R. Civ. P. 72. Review of decisions rendered by magistrate judges are also governed by the
Local Rules. See L.R. 72.1. 28 U.S.C. § 636 states:
Within fourteen days after being served with a copy [of the Magistrate
Judge’s report and recommendation], any party may serve and file written
objections to such proposed findings and recommendations as provided by
rules of court. A judge of the court shall make a de novo determination of
those 	portions 	of 	the 	report 	or 	specified 	proposed 	findings 	or
recommendations to which objection is made. A judge of the court may
accept, 	reject, 	or 	modify, 	in 	whole 	or 	in 	part, 	the 	findings 	or
recommendations made by the magistrate judge. The judge may also
receive further evidence or recommit the matter to the magistrate judge with
instructions.
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28 U.S.C. § 636(b)(1)(C). When written objections are filed and the district court conducts a de
novo review, that “de novo determination does not require the Court to conduct a new hearing;
rather, it mandates that the Court give fresh consideration to those issues to which specific
objections have been made.” A.V. by Versace, 191 F. Supp. 2d at 406 (emphasis in original).
“A proper objection must be specific.” Nambiar v. Cent. Orthopedic Grp., LLP, No. 24-
1103, 2025 WL 3007285, at *3 (2d Cir. Oct. 28, 2025). To be ‘specific,’ the objection must, with
particularity, ‘identify [1] the portions of the proposed findings, recommendations, or report to
which it has an objection and [2] the basis for the objection.’” Nutt v. New York, No. 12-CV-385,
2012 WL 4006408, at *1 (N.D.N.Y. Sept. 12, 2012) (quoting N.D.N.Y. L.R. 72.1(c)).
“The district court may adopt those portions of a report and recommendation to which no
timely objections have been made, provided no clear error is apparent from the face of the
record.” DiPilato v. 7-Eleven, Inc., 662 F. Supp. 2d 333, 339 (S.D.N.Y. 2009). “When a party
makes only conclusory or general objections . . . the Court will review the [report and
recommendation] strictly for clear error.” N.Y.C. Dist. Councils. of Carpenters Pension Fund v.
Forde, 341 F. Supp. 3d 334, 336 (S.D.N.Y. 2018) (quoting Molefe v. KLM Royal Dutch Airlines,
602 F. Supp. 2d 485, 487 (S.D.N.Y. 2009)).
IV. 	DISCUSSION
No party objected to the Report and Recommendation within fourteen days after being
served with a copy of it. See generally Dkt. Accordingly, the Court reviews the Report and
Recommendation for clear error. See DiPilato, 662 F. Supp. 2d at 339.
After carefully considering Judge Stewart’s well-reasoned Report and Recommendation,
the Court finds no clear error. Thus, the Court approves and adopts the Report and
Recommendation in its entirety.
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V. 	CONCLUSION
Accordingly, it is hereby:
ORDERED, that the Report and Recommendation, Dkt. No. 51, is APPROVED and
ADOPTED in its entirety; and it is further,
ORDERED, that the Motion (Dkt. No. 39) is GRANTED in part and DENIED in part;
and it is further,
ORDERED that the following claims be dismissed: 1) Eighth Amendment sexual
assault claim; 2) Eighth Amendment excessive force claim regarding an incident on May 1,
2024; and 3) Fourteenth Amendment due process claim against Defendant Ciancio; and it is
further,
ORDERED, that the Clerk serve a copy of this Memorandum-Decision and Order on all
parties in accordance with the Local Rules.
IT IS SO ORDERED.
DATED: 	March 13, 2026
Albany, New York
LAWRENCE E. KAHN
United States District Judge
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