TASK DEFINITION: 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.
PROBLEM: California state prisoner, Roy Lee Brown, Jr., appeals pro se the dismissal of his 28 U.S.C. § 2254 petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253. We review de novo, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we vacate and remand. Brown contends that his § 2254 petition was timely filed because his state habeas petitions statutorilly tolled the Antiterrorism and Effective Death Penalty Act’s (AEDPA) one-year statute of limitations. We agree. Brown is entitled to tolling during the time he was seeking one full round of collateral review by the California courts. See 28 U.S.C. § 2244(d); Delhomme v. Ramirez, No. 00-56148, 2003 WL 21947183, at *3 (9th Cir. Aug. 15, 2003) (per curiam) (<HOLDING>); Carey v. Saffold, 536 U.S. 214, 220, 122 
 Holding statements: (A) holding that second and third state habeas petitions that were dismissed as impermissible successive petitions were properly filed (B) holding that it would be inappropriate to predict whether state law would foreclose state postconviction review of the petitioners habeas claim where the state permitted second or successive state petitions when the procedural bar would result in fundamental injustice (C) recognizing that a habeas petitioner may be entitled to tolling during a second round of petitions but holding that the statute is not tolled between rounds (D) holding that overlapping state habeas petitions begin a separate round of review and do not disturb the pendency of petitioners first round of review (E) holding that overlapping petitions do not affect tolling during the time petitioner is seeking one full round of review

SOLUTION: holding that second and third state habeas petitions that were dismissed as impermissible successive petitions were properly filed

PROBLEM: not contest Alaimalo’s actual innocence. B. Prior Opportunities to Raise Actual Innocence Claim We turn to the question of whether Alaimalo’s actual innocence claim was unavailable to him during his direct appeal and his first § 2255 motion. In making this determination, we consider “(1) whether the legal basis for petitioner’s claim did not arise until after he had exhausted his direct appeal and first § 2255 motion; and (2) whether the law changed in any way relevant to petitioner’s claim after that first § 2255 motion.” Harrison, 519 F.3d at 960 (internal quotation marks omitted). An intervening court decision must “effect a material change in the applicable law” to establish unavailability. Harrison, 519 F.3d at 960. See also In re Davenport, 147 F.3d 605, 607, 610 (7th Cir.1998) (<HOLDING>); Triestman v. United States, 124 F.3d 361 (2d 
 Holding statements: (A) holding that the supreme courts decision in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 effected a material change in the law because the circuit previously held that accessability of a firearm was enough to support an inference that a firearm was used in a drug crime whereas bailey required active employment of the firearm (B) holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used (C) holding that the supreme courts interpretation of 18 usc  924c1 in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 has retroactive application to cases on collateral review (D) holding that the rule announced in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 applies retroactively on collateral review (E) holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense

SOLUTION: holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used

PROBLEM: she sought treatment with, at least, seven (7) different doctors, and none gave her a written recommendation indicating that her impairments required a change in territory. See Findings of Fact, Section I, infra, ¶ 37. That is, although Plaintiff categorizes this transfer as a “reasonable accommodation,” she never explains how this change in territory actually amounted to an accommodation that was both reasonable and would have enabled her to perform the essential functions of her job, or provided any medical evidence in support of her contention. “All that [plainitff] can present in support of her reasonable accommodation claim is her own self-serving testimony, and in this case, that is just not sufficient....” McPhaul v. Board of Com’rs of Madison County, 226 F.3d 558 (7th Cir.2000) (<HOLDING>), cert. denied, McPhaul v. Board of Com’rs of 
 Holding statements: (A) holding that employee who frequently missed work was not a qualified individual able to perform the essential functions of her job either with or without a reasonable accommodation as required to support disability discrimination and reasonable accommodation claims under the rehabilitation act (B) holding that the appellant failed to establish that she was entitled to an accommodation under the ada because there was nothing in the record to demonstrate that she could not perform the functions and activities of daily life or that her impairment and symptoms substantially limited her functions and activities (C) holding that the disabled individual bears the initial burden of proposing an accommodation and showing that that accommodation is objectively reasonable and that the defendant was entitled to prevail because the plaintiffs proposed accommodation of remaining on unpaid medical leave until another customer service or receptionist position opened up was not a reasonable accommodation under the ada (D) holding that ada may obligate employer to reassign disabled employee who can no longer even with reasonable accommodation perform the essential functions of her job (E) holding that employee allegedly suffering from fibromyalgia was not qualified individual and thus could not maintain ada claim challenging transfer and termination inasmuch as she was unable to perform essential functions of those positions with or without accommodation employee did not dispute supervisors evaluations documenting her performance deficiencies and provided no medical evidence that requested accommodation would have improved her performance

SOLUTION:
holding that employee who frequently missed work was not a qualified individual able to perform the essential functions of her job either with or without a reasonable accommodation as required to support disability discrimination and reasonable accommodation claims under the rehabilitation act