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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46717 Magistrate Judge Pitman PETITIONER IN a habeas corpus proceeding, brought pursuant to 28 USC �2254, sought leave to file an amended petition. A magistrate judge denied the motion, noting that petitioner did not submit a proposed amended petition with his motion, which makes it impossible to determine the precise nature of the amendment proposed by petitioner. The court, however, determined that petitioner’s claim based on the alleged failure to state officials to arrest him formally does not assert even a colorable violation of a federal right. The court added that to the extent petitioner sought to add a claim asserting irregularities in the grand jury, the claim is not cognizable where petitioner has been convicted by a trial jury after a trial. The court concluded that petitioner failed to allege any facts that even remotely suggest that there was any unconscionable breakdown in the state proceedings that prevented him from raising his putative Fourth Amendment claim.

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