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: other than delay. The same is true of Mr. Leland's contention that he was not adequately kept informed by his attorney as the case progressed, that Mr. Largay failed to undertake requested actions, and that he relied too heavily on the prospect of a dramatic change in the legal landscape following Blakely up to Booker. But, there is no factual specificity to any of these arguments. Mr. Leland nowhere suggests what an evidentiary hearing would reveal to justify the relief he has requested. If the 2255 petitioner wishes an evidentiary hearing, he must at a minimum present a plausible basis to conclude that the evidence would lead to a different result. Here, Mr. Leland has asserted no factual basis for such a conclusion. Cf. Owens v. United States, 483 F.3d 48, 61 (1st Cir.2007) (<HOLDING>). The Court concurs with the Magistrate Judge's
Holding statements: (A) holding that district court was not required to hold an evidentiary hearing based on 2255 petitioners mere eonclusory allegations in his affidavit (B) holding that the district court abused its discretion in refusing to hold an evidentiary hearing because the petitioners allegations were not implausible and a final determination of the merits of petitioners claim would be best served by greater development of the facts many of which the government disputes (C) holding that review under 2254d1 is limited to the record before the state court that adjudicated the claim on the merits rejecting the petitioners claim that the federal habeas court could consider evidence introduced in an evidentiary hearing (D) holding that the state courts rejection of the petitioners ineffective assistance of counsel claim was an unreasonable determination of the facts in light of the evidence before the state court (E) holding that it was an abuse of discretion for the bia to fail to consider the merits of a petitioners claim

Answer: (B)

Question: such equitable relief as may be appropriate. 29 U.S.C. 2617(a)(1). A. Serious Health Condition Wells Fargo first argues that Vincent did not suffer a "serious health condition" as that term is defined by the FMLA. The parties agree that the Court should examine the regulations implementing the FMLA in order to determine whether Vincent suffered from a serious health condition. The parties disagree, however, as to whether the interim regulations or the final regulations, which became effective on April 6, 1995, should be used by the Court in arriving at its determination. The Court finds that the interim regulations which were in effect in January of 1995, the time of Vincent's termination, govern this action. See Gay v. Gilman Paper Company, 125 F.3d 1432, 1434 n. 4 (11th Cir.1997) (<HOLDING>). Having resolved the dispute as to which set
Holding statements: (A) holding that agency regulations cannot be applied retroactively unless congress has so authorized the administrative agency and the language of the regulations require it (B) holding that as the court has made clear in several recent decisions a claim that the application of government regulations effects a taking of a property interest is not ripe until the government entity charged with implementing the regulations has reached a final decision regarding the application of the regulations to the property at issue (C) holding that the interim regulations governed a dispute in which the serious health condition and subsequent termination occurred prior to april 6 1995 the effective date of the final regulations (D) holding that iiriras effective date is april 1 1997 (E) holding that habeas petitions challenging judgments of conviction that became final before the effective date of the aedpa are not time barred if filed within one year from aedpas effective date april 241996

Answer: (C)

Question: OPINION BLACKBURN, District Judge. Currently before the court is the motion of plaintiff Linda N. Lewis to remand. Upon consideration of the record, the submissions of the parties, the argument of counsel, and the relevant law, the court is of the opinion that plaintiffs motion to remand is due to be granted. This dispute arises out of defendants' decision to terminate plaintiffs employment. On February 1, 1996, plaintiff filed suit in the Tenth Judicial Circuit, Jefferson County, Alabama, alleging that defendants violated Alabama Code 25-5-11.1, which prohibits an employer from terminating an employee for claiming workers' compensation benefits under Alabama law. Defendants removed the case to federal court on March 20, 1996, and 725 (7th Cir.) (<HOLDING>), cert. denied, 513 U.S. 955, 115 S.Ct. 377,
Holding statements: (A) holding that 255111 claim does not arise under alabamas workers compensation laws (B) holding action did not arise under the patent laws (C) holding the retaliation claim did arise under states workers compensation laws (D) holding that illinois cause of action for retaliation does not arise under its workers compensation laws (E) holding that retaliation claim did not arise under states workers compensation laws

Answer:
(D)