instruction:
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.
question:
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
answer:
(A)


question:
delivery to these individuals actually occurred. Sanderson asserted numerous causes of action against the defendants including civil rights and tort claims arising out of Sanderson’s divorce action and his March'2003 arrest for felonious restraint. The felonious restraint charge was later dismissed. Sanderson’s complaint in this lawsuit seeks damages for actions by Thomas and Martens while employed by Walsh County and actions by Judge Geiger while employed by the State of North Dakota. [¶ 3] Walsh County, Thomas, and Martens answered Sanderson’s complaint and moved for summary judgment, seeking dismissal for lack of proper service of process. Judge Geiger also moved to dismiss, asserting the district court lacked personal jurisdiction over 2001 ND 101, ¶¶ 8-10, 627 N.W.2d 379 (<HOLDING>). [¶8] Sanderson’s complaint asserts a number 
 Holding statements: (A) holding that a forum selection clause was not enforceable against defendants that were not parties to the contract (B) holding order dismissing action without prejudice based on contractual forum selection clause is final and appealable because it terminates the litigation in the plaintiffs chosen forum (C) holding that a permissive forum selection clause containing a waiver of any claims of forum non conveniens amounts to a mandatory forum selection clause at least where the plaintiff chose the designated forum (D) holding that when a forum selection clause designates  an arbitral forum  the proper remedy is dismissal (E) holding appealable dismissal where application of forum selection clause permanently put plaintiff out of district court
answer:
(E)


question:
18 to dictate that sentencing courts should not include the weight of the liquid solvent in liquid LSD when determining a defendant’s base offense level. Amendment 484 demonstrates the Commission’s intention that not all materials that are combined or “mixed” with controlled substances should be included in the weight of the drug for sentencing purposes. The liquid solvent thus may not be included in the definition in Amendment 484 of “mixture or substance” given that, although wholesale traffickers use the solvent to apply the drug to ingestible carrier media, consumers do not “use” the solvent because it evaporates from the carrier media before the media are ingested. See Chapman, 500 U.S. at 457, 111 S.Ct. at 1923. But cf. United States v. Lowden, 955 F.2d 128, 131 (1st Cir.1992) (<HOLDING>). For the foregoing reasons, we thus remand 
 Holding statements: (A) holding under plain error standard that basing sentence on lsd and water in which it was dissolved did not violate due process (B) holding that omission was not plain error (C) holding that any error was harmless and thus not plain error (D) holding that doctrine does not violate due process (E) holding that the courts review is conducted under the plain error standard
answer:

(A)