In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: did not present any evidence before the district court to meet his burden of showing that the affidavit, which directly corroborates Johnson’s testimony before the magistrate judge, is false or unreliable. Accordingly, even assuming arguendo that the district court erred, we readily conclude that any error was harmless. B. Credibility of Witnesses The district court’s findings of fact at a revocation hearing are reviewed for clear error. United States v. Almand, 992 F.2d 316, 318 (11th Cir.1993). “The credibility of a witness is in the province of the factfinder and this court will not ordinarily review the factfinder’s determination of credibility.” United States v. Copeland, 20 F.3d 412, 413 (11th Cir.1994); see also United States v. Ramirez-Chilel, 289 F.3d 744, 749 (11th Cir.2002) (<HOLDING>). We defer to the lower court’s credibility 
 Holding statements: (A) holding that an immigration judge may base a credibility determination on the lack of corroborating evidence if the judge also encounters inconsistencies in testimony contradictory evidence or inherently improbable testimony (B) holding jury is sole judge of witness credibility and may believe some witnesses and refuse to believe others (C) holding jury as judge of credibility may believe all some or none of the testimony (D) holding in the context of a criminal trial that a courts choice of who to believe is conclusive unless the judge credits exceedingly improbable testimony (E) holding that where testimony is inherently improbable the court may choose to disregard it

A: holding that an immigration judge may base a credibility determination on the lack of corroborating evidence if the judge also encounters inconsistencies in testimony contradictory evidence or inherently improbable testimony
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Q: 198, ¶ 15, 761 A.2d 291 (adopting the view that we should not "anticipate a question of constitutional law in advance of the necessity of deciding it” (quotation marks omitted)). 12 . In fact, the court already could have terminated the guardianship. The mother represented in her first four affidavits that the child's father was unknown. There is now no dispute that she believed R.M. to be the father, and informed him and the court of that fact just weeks after filing her affidavit. When, in January of 2010, the court realized that the father had been identified, it could have terminated the guardianship because it was based on the fraud or misrepresentation of the mother. See 18-A M.R.S. § 5-204; M.R. Civ. P. 60(b)(3); Presnell v. Peoples Heritage Bank, 619 A.2d 1205, 1206 (Me.1993) (<HOLDING>). Indeed, the guardianship may no longer exist 
 Holding statements: (A) recognizing the courts inherent sua sponte powers in certain circumstances to allow it to manage its own affairs so as to achieve the orderly and expeditious disposition of cases in the furtherance of justice quotation marks omitted (B) recognizing inherent power in the courts to preserve the efficient and expeditious administration of justice and protect it from being impaired or destroyed (C) recognizing a district judge may dismiss a case sua sponte under either rule 41b or its inherent authority to manage its docket (D) recognizing every federal appellate court has a special obligation to consider its own jurisdiction even if it must do so sua sponte (E) holding that the right to choose counsel cannot be manipulated so as to obstruct the orderly procedure in the courts or to interfere with the fair administration of justice

A: recognizing inherent power in the courts to preserve the efficient and expeditious administration of justice and protect it from being impaired or destroyed
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Q: intentional and negligent infliction of emotional distress. Plaintiff expressly abandons the claims in his response to defendant's motion. Accordingly, the court grants summary judgment to defendant on those claims. 2 . Because both the ADA and KAAD define the term “disability” similarly, plaintiff's discrimination claims under the two statutes must meet the identical fate. Nolan v. Sunshine Biscuits, Inc., 917 F.Supp. 753, 757 n. 2 (D.Kan.1996). 3 . In his affidavit, plaintiff articulates a litany of substantial limitations' generated by his surgical scar. The court finds, however, that plaintiffs affidavit is inconsistent with his prior deposition. Accordingly, the court will disregard the affidavit on this issue. See Bohn v. Park City Group, Inc., 94 F.3d 1457, 1463 (10th Cir.1996) (<HOLDING>). 4 . Defendant contends that because plaintiff 
 Holding statements: (A) holding that unverified complaints cannot be considered as evidence at the summary judgment stage (B) holding that credibility determinations should not be resolved at the summary judgment stage (C) holding that plaintiffs affidavit submitted at summary judgment stage and contradicting earlier deposition testimony should not be considered (D) holding that the court may disregard an affidavit submitted solely for the purpose of opposing a motion for summary judgment when that affidavit is directly contradicted by deposition testimony and the nonmovant does not explain the discrepancies (E) holding that evidence in an inadmissible form may be considered at the summary judgment stage as long as the evidence is submitted in an admissible form at trial

A:
holding that unverified complaints cannot be considered as evidence at the summary judgment stage
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