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.

Ex Input:
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

Ex Output:
(A)

Ex Input:
also admitted he personally observed that Gretillat had trouble walking long distances. Indeed, Priske excused Gretillat from making rounds of the facility due to Gretillat's difficulty walking long distances. In April of 2004, Priske admitted that Gretillat's forced resignation arose out of Gretillat's problems with standing and "ambulating." See, e.g., Cannice v. Norwest Bank Iowa N.A., 189 F.3d 723, 727 (8th Cir.1999) (finding "ample evidence" that employee alerted employer to the existence of disability where employee told employer about disability, gave employer information about the ADA, requested an unmonitored telephone line to talk with his "support network," and displayed symptoms of the disability at work); see also Miller, 61 F.3d at 630 (quoting Hedberg, 47 F.3d at 934) (<HOLDING>). Because Care Initiatives was apprised of
Holding statements: (A) holding evidence of a 13 permanent partial disability insufficient to establish disability for purposes of ada (B) holding that if all of an employees coworkers knew that he had a heart condition such knowledge would not amount to notice to the employer that the employee was so limited by a disability as to require special accommodations (C) holding that an employer cannot be held liable under the ada if it had no knowledge of the employees alleged disability (D) holding that an employee who claims to have been terminated by her employer for having exercised her right to disability benefits raised a cognizable claim under 510 of erisa notwithstanding the fact that she received the benefits from her employer prior to termination (E) recognizing that employer has notice of limitation when disability manifests itself to the extent that it would be reasonable to infer that her employer actually knew of the disability

Ex Output:
(E)

Ex Input:
the district judge's independent review of the magistrate judge's recommendation. But w ced, the efficient administration of justice is. Third, Hall asserts we should at least exercise plain error review of his issues. Hall refers to the Supreme Court's directive in Thomas that default may be excused by a court of appeals "in the interests of justice," 474 U.S. at 155, 106 S.Ct. 466, arguing the exception should be equated with plain error. Hall asserts other circuits have done so, but he does not mention this circuit's precedent, e.g., United States v. Penny, 60 F.3d 1257, 1261 (7th Cir.1995) ("When a right is waived, it is not renewable, even for plain error.") (citing Olano, 507 U.S. at 732-33, 113 S.Ct. 1770); Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538, 539 (7th Cir.1986) (<HOLDING>) (citations omitted). Nor does Hall explain why
Holding statements: (A) holding that failure to object timely to a magistrates report operates as a waiver of any further judicial review of the magistrates decision (B) holding that a magistrate judge acting pursuant to 636b1 has no authority to issue a dispositive ruling on a motion to certify a district court order for interlocutory appeal under 28 usc 1292b 2000 (C) holding that a partys failure to raise objections to the report and recommendation waives the partys right to review in the district court (D) holding the failure to file objections to a magistrates report issued pursuant to 28 usc 636b1 waives the right to appeal all issues both factual and legal (E) holding defendants failure to object timely waives its right to challenge expert report

Ex Output:
(D)