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.
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Question: unpublished decisions, “[njoticeably absent from the list of factors Pruitt instructs district courts to consider are the merits and substance of the pro se plaintiffs claim.” Rivera v. Kettle Moraine Correctional Inst., No. 14-C-6, 2014 WL 2875897, at *4 (E.D. Wis. June 24, 2014); Kennedy v. Huibregtse, No. 13-C-4, 2014 WL 4924662, at *15 (E.D. Wis. Sept. 30, 2014). On appeal from an adverse judgment in a case where the district court abused its discretion in denying a motion to recruit; the Court of Appeals will consider whether “there is a reasonable likelihood that the presence of counsel would have made a difference in the outcome of the litigation” in assessing whether the district court’s abuse of its discretion was prejudicial. Pruitt, 503 F.3d at 659 (italics original r. 2002) (<HOLDING>); Mars v. Hanberry, 752 F.2d 254, 256 (6th Cir. 
 Holding statements: (A) holding that deliberate indifference to a serious medical need establishes an eighth amendment violation (B) holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs (C) holding that prisoner must allege acts or omissions evidencing deliberate indifference to serious medical needs (D) holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs (E) holding that plaintiffs claim must have arguable merit meaning that plaintiffs allegations clearly state a nonfrivolous prima facie case of deliberate indifference to a serious medical need and that the already established evidence indicates more than an extremely slim chance of success on the merits

Answer: (E)


Question: of death which does not meet these requirements is voidable by the donor (if he recovers) or his personal representative. Hulley v. Chedic, 22 Nev. 127,146, 36 P. 783 (1894). In other words, a gift in contemplation of death'is presumptively voidable by the personal representative of the deceased, and the presumption may be rebutted by the donee with clear and convincing evidence of the six elements listed above. Although Goldsworthy and Hulley are the only Nevada cases ever to have examined the gift causa mortis doctrine, and they have never been overruled, at least one Nevada case has suggested (in a different context) that the burden of proof may not be on the donee. North Arlington Medical Building, Inc. v. Sanchez Construction Company, 86 Nev. 515, 521, 471 P.2d 240, 244 (Nev.1970) (<HOLDING>). North Arlington is not really on point, 
 Holding statements: (A) holding a sentence within the advisory guidelines range is presumptively reasonable (B) holding that inter vivos gift to minor is presumptively effective under nrs 167040 (C) holding that the purpose of nrs 1760551 is to ensure that all time served is credited towards a defendants ultimate sentence (D) holding that belowguidelines sentence is presumptively reasonable (E) holding a delay approaching one year is presumptively unreasonable

Answer: (B)


Question: like the defendants here, failed to attach process to its notice of removal. Id. at 1214. In denying remand, the court stated that the failure to attach process was inadvertent and trivial and “did not unduly burden the court or reflect the complete failure to follow the removal procedure that typically leads to remand orders.... Important, also, is the fact that plaintiff has suffered absolutely no prejudice whatsoever from the defect and this defect can be promptly and easily remedied by allowing the defendant to file its proposed amended notice of removal.” Id. Plaintiff argues that this court must remand the case back to state court because defendant failed to attach process. To support this proposition, plaintiff cites Albonetti v. GAF Corp.-Chemical Gp., 520 F.Supp. 8 .Ala.2004) (<HOLDING>); Emp’rs-Shopmens Local 516 Pension Trust v. 
 Holding statements: (A) holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand (B) holding that 28 usc  1446as requirement of attached process is jurisdictional and defendants failure to attach process precluded removal (C) holding that a defendants failure to attach process to its notice of removal was not fatal and did not require remand (D) holding that failure to include all state court pleadings and process with the notice of removal is procedurally incorrect but is not a jurisdictional defect (E) holding that 28 usc  2401 is a jurisdictional statute of limitations

Answer:
(B)