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.

and seeking to dismiss the four new claims asserted against them in the amended complaint. Also on January 8, 2010, Wells Fargo filed a supplemental motion to dismiss [26], addressing the new claims against it and renewing its request that all counts be dismissed. II. Discussion The Court must determine whether: (1) Giscombe eliminated the deficiencies of his previous shotgun pleading, and (2) if so, whether the complaint should be dismissed for the other reasons asserted by ABN, Citimortgage, and Wells Fargo in their motions to dismiss. A. Legal Standard The sufficiency of Giscombe's amended complaint depends on whether it is a shotgun pleading; if so, it will fall short of the pleading requirements of Fed.R.Civ.P. 8. Magluta v. Samples, 256 F.3d 1282, 1284-85 (11th Cir.2001) (<HOLDING>). The defining characteristic of a shotgun
Holding statements: (A) recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure (B) holding that under leatherman a federal court may not apply a pleading requirement more stringent than that provided for in the federal rules of civil procedure even in 1983 litigation (C) holding that discovery under the federal rules of civil procedure is broad in scope and freely permitted (D) holding that the fact that federal rule of civil procedure 9b requires a heightened pleading standard for some claims but not for a section 1983 claim against a municipality means that the rules do not require a heightened pleading standard for such a claim (E) holding that a shotgun pleading is in no sense the short and plain statement of a claim required by rule 8 of the federal rules of civil procedure
(E)

to exempt every alien who seeks to adjust his or her status under 245(i) after illegally reentering the United States following removal. Where Congress intended 241(a)(5) not to pose a barrier to adjustment of status for aliens who illegally reentered the United States, it made a special exception to the general rule. Because Lino does not fall within the exception, she is bound by the general rule disqualifying aliens who illegally reentered the country from seeking adjustment of status. Finally, six circuits have held that 241(a)(5) precludes aliens subject to reinstatement orders from obtaining adjustment of status pursuant to 245(i). See De Sandoval v. U.S. Attorney Gen., 440 F.3d 1276, 1284-85 (11th Cir.2006); Berrum-Garcia v. Comfort, 390 F.3d 1158, 1163 (10th Cir.2004) (<HOLDING>); Lattab v. Ashcroft, 384 F.3d 8, 21 (1st
Holding statements: (A) holding that trial court did not have jurisdiction to order reinstatement of previously dismissed action and thus reinstatement order was void and of no effect and previous order of dismissal was still in effect (B) holding that petitioners claim is not one to the attorney generals decision or action to execute a removal order either since the facts relevant to their claim took place well before any decision by the attorney general to execute a removal order (C) holding that once a petitioners prior removal order has been reinstated he no longer qualifies for any relief under the ina regardless of whether his application was filed before or after the reinstatement decision was made (D) holding that since the basis for the respondents order of removal and the denial of relief no longer exists the respondent has presented exceptional circumstances justifying reopening (E) holding that a federal court must order arbitration once it is satisfied that an agreement for arbitration has been made and has not been honored
(C)

right to additional BLM permits or approvals. See, e.g., Lewis v. Hickel, 427 F.2d 673, 676-77 (9th Cir.1970), cert. denied, 400 U.S. 992, 91 S.Ct. 456, 27 L.Ed. 2d 440 (1971); Angelina Holly Corp. v. Clark, 587 F.Supp. 1152, 1156 (D.D.C.1984). They hold no more than an expectancy, the loss of which does not constitute a deprivation of property within the meaning of the due process clause of the Constitution. See Webb's Fabulous Pharmacies, Inc. v. Beckwith, 449 U.S. 155, 161, 101 S.Ct. 446, 451, 66 L.Ed.2d 358 (1980); National Consumer Information Center v. Gallegos, 549 F.2d 822, 828 (D.C.Cir.1977). Their absence from the lawsuit does not preclude the district court from issuing the preliminary injunction. Compare Ohio ex rel. Brown v. Callaway, 497 F.2d 1235, 1241 (6th Cir.1974) (<HOLDING>). C. Exhaustion Mountain States asserts that
Holding statements: (A) holding it was error for the court to issue a permanent injunction at a hearing to show cause why a temporary restraining order should not be continued via a preliminary injunction (B) holding that when the district court applies the wrong preliminary injunction standard this court may review the record to determine whether the injunction is justified (C) holding that plaintiffs were not entitled to a preliminary injunction (D) recognizing the inappropriateness of a preliminary injunction where credibility determinations must be made but granting a preliminary injunction because the legal and factual issues have been sufficiently illuminated (E) holding that contract with construction company rendered inequitable a preliminary injunction restraining the contractors from performing the contractual obligations
(E)