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: a hearing mandated if he can show that a fundamental miscarriage of justice would result from failure to hold a federal evidentiary hearing." Id. at 12, 112 S.Ct. 1715. It appears, however, that AEDPA overruled the "fundamental miscarriage of justice" exception, and that at this time, district courts cannot order evi-dentiary hearings unless the requirements of 2254(e)(2) are met. See Shumate v. Newland, 75 F.Supp.2d 1076, 1084, 1098-99 (N.D.Cal.1999) ("AEDPA, however, has 'reduced considerably the degree of the district court's discretion' by imposing threshold requirements that must be met before a request for an evidentiary hearing may be entertained.") (quoting Baja v. Ducharme, 187 F.3d 1075, 1078 (9th Cir.1999)); Rodriguez v. Zavaras, 42 F.Supp.2d 1052, 1054-55 (D.Colo.1999) (<HOLDING>) (quoting Porter v. Gramley, 112 F.3d 1308,
Holding statements: (A) holding that the aedpa statute of limitations is not jurisdictional (B) holding that evidentiary hearing not necessary where proposed administrative action is based on undisputed material facts (C) holding that aedpa did not codify keeney but instead significantly curtails the availability of evidentiary hearings to develop material facts (D) holding that when a state has given petitioner a full and fair hearing on a claim and he has failed to develop material facts to support it he is not entitled to develop further facts in a federal habeas evidentiary hearing unless he demonstrates either cause for the failure and prejudice resulting therefrom or a fundamental miscarriage of justice (E) holding that an evidentiary hearing may be used to develop the factual basis of a prisoner complaint

Answer: (C)

Question: Ms. Goren bases her statement of facts on her second amended complaint. That complaint, however, is not before this court. On September 3, 1997, the district court entered a judgment dismissing Ms. Goren's complaint. Ms. Goren subsequently filed a motion pursuant to Rule 59(e) of the Federal Rules of Civil Procedure to alter or amend judgment to permit filing of a second amended complaint. Ms. Goren attached her proposed second amended complaint to that motion. On October 23, 1998, the court entered an order denying Ms. Goren's motion. In her opening brief, Ms. Goren devoted nearly her en tire argument to the district court's decision dismissing her amended complaint. Indeed, there is no "Issue Presented" or meaningful argument regarding the district court's denial of Ms. Goren's 93) (<HOLDING>). 5 . At oral argument, Ms. Goren's counsel
Holding statements: (A) holding that a prisoner did not engage in protected conduct when he threatened to file a frivolous grievance (B) holding that attorney who allegedly prepared false private placement memoranda regarding limited partnership did not conduct affairs of enterprise because he did not direct the legal entities he represented to engage in particular transactions (C) holding that appellant forfeited his complaint regarding his sentence because he did not object at trial (D) holding that the defendant had abandoned any possessory or privacy interest in bags found in the truck he was driving where he stated that he did not own the bags did not know who did and did not know what was in them (E) holding that harold fine did not have direct and independent knowledge because he did not personally conduct the audits that led to the public disclosures

Answer: (B)

Question: denial of his motions in Leo, Mr. Leo filed his second suit in the Kansas federal district court (No. 10-2495-JTM), in which he used the aforementioned 70,000 word opening brief/"Supporting Analysis" as his complaint. In a memorandum and order dated March 22, 2011, 2011 WL 1097759, the district court concluded that Mr. Leo's second suit was barred by the doctrine of res judicata based on the earlier suit and granted Garmin's motion to dismiss. In the same order, the court denied Mr. Leo's motion for the entry of a default judgment against Garmin and granted Garmin's request for sanctions. In a subsequent memorandum and order dated April 15, 2011, 2011 WL 1457937, the district court awarded Garmin $ Practice and Procedure 4433, at 78-85 (2d ed.2 , 425 F.3d 836, 840-41 (10th Cir.2005) (<HOLDING>). We nonetheless have examined each of the
Holding statements: (A) holding that although pro se briefs are liberally construed even pro se litigants must brief arguments in order to preserve them (B) holding that pro se pleadings are to be liberally construed (C) holding that although pro se litigants are entitled to liberal construction of their pleadings pro se litigants must follow procedural rules (D) holding that although a pro se litigants pleadings are construed liberally a pro se litigant must still follow the same rules that govern other litigants including the requirement of constructing and supporting arguments with legal authority (E) holding that pro se litigants must follow the kentucky rules of civil procedure

Answer:
(D)