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 Q]: 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
[EX A]: (E)

[EX Q]: a habeas petition, and since his administrative remedies are now exhausted, this claim can proceed. B. Fox's Notification Challenge is Properly Before The Court The second half of Fox's claim relating to the notification requirement of the statute, see 18 U.S.C. 4042(c)(2), is properly brought by him as a petition for a declaratory judgment. Notification claims do not relate to the fact or duration of confinement, therefore challenge to a notification requirement is not properly brought as a habeas petition. See Bunn v. Conley, 309 F.3d 1002, 1008-09 (7th Cir. 2002) ("The notification scheme [under 18 U.S.C 4042(b) governing violent offender notification] in no way affects the duration, much less the fact, of confinement."); Henrikson v. Guzik, 249 F.3d 395, 397 n. 4 (5th Cir.2001) (<HOLDING>); Royce v. Hahn, 151 F.3d 116, 118 (3d
Holding statements: (A) holding that a 2241 petitioners claim was not cognizable under 2241 and therefore the district court lacked jurisdiction (B) holding that because henrikson is not challenging the fact or duration of his confinement subject matter jurisdiction is not present under 28 us 2241 (C) holding that subject matter jurisdiction under 2241 is present in the custodial court when the petition challenges the manner location or condition of a sentences execution (D) holding that under the fsia personal jurisdiction depends upon the district court finding subject matter jurisdiction under 28 usc 1330a and proper service under 28 usc 1608 (E) holding that district courts have jurisdiction under 28 usc 2241 to review cat claims for errors of law including the erroneous application or interpretation of statutes
[EX A]: (B)

[EX Q]: entire record "and consider the probable effect that the prosecution's comments had on the jury's ability to judge the evidence fairly." Turk, 870 F.2d at 1308 (citing United States v. Young, 470 U.S. 1, 12, 105 S.Ct. 1038, 1044, 84 L.Ed.2d 1 (1985)); see also United States v. O'Connell, 841 F.2d 1408, 1428 (8th Cir.1988) (explaining that prosecutorial misconduct must be evaluated in context of the entire trial record). Any comments that the prosecutor made about defendant's lawyer injecting the issue of "consciousness of wrongdoing" into the case, when reviewed in the context of the record as a whole, "did not substantially influence the jury decision or infect the trial with unfairness. The error, if any, was harmless." Turk, 870 F.2d at 1309; see also O'Connell, 841 F.2d at 1428-29 (<HOLDING>). Finally, defendant argues that the
Holding statements: (A) holding that any harm resulting from personal attacks that the prosecutor made on defense counsel was fully outweighed by the properly admitted evidence which provided ample and convincing proof of defendants guilt (B) holding that any prejudice resulting from misstatements of law made by the prosecutor during closing was cured by the trial courts proper instruction on the applicable law (C) holding that the trial courts actions in sustaining the defendants objections were sufficient to remedy any possible harm resulting from the mere asking of the three questions by the prosecutor (D) holding that any prejudice resulting from a misstatement of the law by the prosecutor was cured by trial courts proper instruction on applicable law (E) holding that it was permissible for prosecutor to comment on the general failure of the defense to produce any evidence
[EX A]:
(A)