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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Input: Consider Input: a habeas petition, and since his administrative remedies are now exhausted, this claim can proceed. B. Fox’s Notification Challenge is Properly Before The Court The second half of Fox’s claim relating to the notification requirement of the statute, see 18 U.S.C. § 4042(c)(2), is properly brought by him as a petition for a declaratory judgment. Notification claims do not relate to the fact or duration of confinement, therefore challenge to a notification requirement is not properly brought as a habeas petition. See Bunn v. Conley, 309 F.3d 1002, 1008-09 (7th Cir. 2002) (“The notification scheme [under 18 U.S.C § 4042(b) governing violent offender notification] in no way affects the duration, much less the fact, of confinement.”); Henrikson v. Guzik, 249 F.3d 395, 397 n. 4 (5th Cir.2001) (<HOLDING>); Royce v. Hahn, 151 F.3d 116, 118 (3d 
 Holding statements: (A) holding that a  2241 petitioners claim was not cognizable under  2241 and therefore the district court lacked jurisdiction (B) holding that because henrikson is not challenging the fact or duration of his confinement subject matter jurisdiction is not present under 28 us  2241 (C) holding that subject matter jurisdiction under  2241 is present in the custodial court when the petition challenges the manner location or condition of a sentences execution (D) holding that under the fsia personal jurisdiction   depends upon the district court finding subject matter jurisdiction under 28 usc  1330a and proper service under 28 usc  1608 (E) holding that district courts have jurisdiction under 28 usc  2241 to review cat claims for errors of law including the erroneous application or interpretation of statutes

Output: (B)


Input: Consider Input: 199 F.3d at 248 n. 6. Moreover, when the plaintiff declares the sufficiency of his pleadings and makes no attempt to amend his complaint in response to the defendant’s challenge pursuant to Rule 12(b)(6), dismissal is proper when the plaintiffs allegations fail to state a claim for which relief can be granted. See Spiller v. City of Texas City, 130 F.3d 162, 167 (5th Cir.1997). In addition, a plaintiff should not be granted leave to amend after being afforded repeated opportunities to do so. See Wilkins, 173 F.Supp.2d at 614; accord United States ex rel. Adrian v. Regents of the Univ. of Cal., 363 F.3d 398, 404 (5th Cir.2004) (noting that “pleading review is not a game where the plaintiff is permitted to file serial amendments until he finally gets it right”); Willard, 336 F.3d at 387 (<HOLDING>). Furthermore, “where a proposed amendment 
 Holding statements: (A) holding leave to amend was properly denied where the relator had previously filed two amended complaints (B) holding that dismissal with leave to amend should be granted even if no request to amend was made (C) holding district court properly denied leave to amend where application was four months late and appeared to be futile (D) holding the district court is not required to grant a plaintiff leave to amend his complaint sua sponte when the plaintiff who is represented by counsel never filed a motion to amend nor requested leave to amend before the district court (E) holding that the trial court properly refused to consider allegations in the disallowed amended complaints

Output: (A)


Input: Consider Input: is inconsistent with asserting a defense of property. Section 9.41 of the Penal Code allows [a] person unlawfully dispossessed of ... tangible, moveable property by another [to use] force against the other when and to the degree the actor reasonably believes the force is immediately necessary to ... recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and ... reasonably believes the other had no claim of light when he dispossessed the actor[.] Tex. Penal Code § 9.41(b)(1). Defense of property, therefore, involves an intentional use of force to recover one’s property, whereas counsel’s argument that appellant accidentally pushed his girlfriend centers on a lack of intent. See Ex parte Nailor, 149 S.W.3d 125, 133-34 (Tex.Crim.App.2004) (<HOLDING>). Appellant has not established that his trial 
 Holding statements: (A) holding that it was not plain error for the court not to give a self defense jury instruction where the defendant did not request one (B) holding that counsel was not deficient for failing to make an objection that lacked merit (C) holding that counsel was not deficient in failing to present a meritless argument (D) holding trial counsel was not deficient in failing to request instruction on self defense when his strategy was to argue the complainant was accidentally injured (E) holding that counsels failure to object or request a limiting instruction for evidence of defendants incarceration was sound trial strategy


Output: (D)