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.

Example Input: until they were “in close proximity.” Lowe, 2014 WL 99452, at *3; see also Westport Ins. Corp. v. Bayer, 284 F.3d 489, 498 (3d Cir.2002) (according plain meaning to the district court’s choice of language in affirming its “implicit” findings of fact). These findings control because they are not clearly erroneous. Rather, they are suppo a- suspect takes action that clearly indicates that he “does not yield” to the officers’ show of authority. Hodari D., 499 U.S. at 626, 111 S.Ct. 1547. Action— not passivity — has been the touchstone of our an h Cir.2010) (noting that, “for a person who is moving, to ‘yield’ most sensibly means to stop”), or when a suspect makes suspicious motions consistent with reaching for a weapon, see United States v. Johnson, 212 F.3d 1313, 1316-17 (D.C.Cir.2000) (<HOLDING>). Unlike the suspects in those cases, Lowe 
 Holding statements: (A) holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded (B) holding that a suspect did not submit to a show of authority when he made continued furtive  gestures including shoving down motions that were suggestive of hiding or retrieving a gun (C) holding that a suspect who continued walking when approached by a police officer did not submit until physically restrained by the officer (D) holding that evidence of appellants prior gun possession was admissible in a homicide prosecution to show malice and intent possession of a gun without more is not wrongful conduct (E) holding direct testimony tying a defendant to a gun was not required when the gun was found in the defendants truck and when the defendant had both ammunition for the gun and a rack in which it could have been kept
Example Output: holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded

Example Input: and Waste Control Specialists. LLC v. Sierra Club, appellate cause number. 03-12-00335-CV. 4 . See Sierra Club v. Texas Commission on Environmental Quality, cause number D-l-GN-12-001586. 5 .Despite this, the trial court issued a written order denying the motion twenty days after the deadline for ruling on the motion had passed. The order — though included in the record on appeal — is of no effect. Jain v. Cambridge Petroleum Grp., Inc., 395 S.W.3d 394, 396 (Tex.App.-Dallas 2013, no pet.) ("The trial court's signing the order denying the motion [to dismiss pursuant to the Act] after it was already denied by operation of law is legally of no effect because the motion to dismiss was already denied.”); reran v. Fryer, 586 S.W.2d 699, 700 (Tex.Civ.App.-Cor-pus Christi 1979, writ ref'd) (<HOLDING>). 6 . Appellees also insist that Sierra Club 
 Holding statements: (A) holding that an order purporting to amend a judgment was void because it was entered after the trial court had lost jurisdiction to rule on the parties postjudgment motions (B) holding court lost jurisdiction to enter its order after thirty days and the motion was denied by operation of law (C) holding trial court did not abuse discretion in denying motion for new trial by operation of law because motion was not properly presented even though a notice of presentment was filed and the docket sheet contained an entry for the motion having been filed (D) holding that a district courts order of dismissal with prejudice was a nullity because the court lacked jurisdiction (E) holding that an order purporting to overrule a motion for new trial that had already been overruled by operation of law was a nullity
Example Output: holding that an order purporting to amend a judgment was void because it was entered after the trial court had lost jurisdiction to rule on the parties postjudgment motions

Example Input: and Jones v. Greninger, 188 F.3d at 326 (finding that an inmate’s request for monetary damages on a failure to protect claim was barred by § 1997e(e) because he did not allege any physical injury). “The prohibitive feature of § 1997e(e), requiring physical injury before recovery, does not apply[, however,] in the context of requests for declaratory or injunctive relief sought to end an allegedly unconstitutional condition of confinement.” Herman v. Holiday, 238 F.3d at 665. (c) Failure to State a Claim To the extent that Plaintiff complains about retaliation, conspiracy, religious freedom, and equal protection, he has failed to state claims upon which relief can be granted despite having been given the opportunity to amend his pleadings. See Rodriguez v. United States, 66 F.3d at 98 (<HOLDING>). Plaintiff argues that many of the Defendants 
 Holding statements: (A) holding that dismissal of a pro se complaint for failure to state a claim should generally be without prejudice but if the plaintiff has been given an opportunity amend his complaint and fails to do so the dismissal may be with prejudice (B) holding that proper remedy for failure to exhaust is dismissal of the claim without prejudice (C) holding that dismissal of a complaint for insufficient jurisdictional allegations should be without prejudice to amend (D) holding that a review committee of the kansas board for discipline of attorneys had the authority to dismiss a complaint against an attorney with or without prejudice and when dismissal was ordered without specifying the nature of the dismissal the dismissal was without prejudice to the filing of later proceedings on the same matter (E) holding that when the allegations do not affirmatively negate a claim dismissal for failure to state a claim is appropriate only when the plaintiff has been given an opportunity to amend after special exceptions have been sustained
Example Output:
holding that proper remedy for failure to exhaust is dismissal of the claim without prejudice