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:
de novo on all issues bearing on the proper sentence." Teffeteller v. State, 495 So.2d 744, 745 (Fla.1986). In noncapital cases, too, we have concluded that "resentencing entitles the defendant to a de novo sentencing hearing with the full array of due process rights." Trotter v. State, 825 So.2d 362, 367-68 (Fla.2002); see also Galindez v. State, 955 So.2d 517, 525 (Fla.2007) (Cantero, J., specially concurring) ("We have consistently held that resentencing proceedings must be a 'clean slate,' meaning that the defendant's vacated sentence becomes a 'nullity' and his 'resentencing should proceed de novo on all issues bearing on the proper sentence.' " (citation omitted)); Walker, 988 So.2d at 8 (Altenbernd, J., concurring specially) ("Generally, courts have held that once a def A 1998) (<HOLDING>); Baldwin v. State, 700 So.2d 95, 96 (Fla. 2d
Holding statements: (A) holding that at resentencing the state must present evidence on an enhanced sentencing factor despite having done so at the prior sentencing hearing (B) holding that the state had the burden of proving the defendants two prior convictions in order to obtain the felony dui conviction (C) holding that at a resentencing the state must again prove the basis for an enhanced sentence even though such evidence was produced at the original sentencing (D) holding that even though the defendant did not challenge his prior convictions at the original sentencing lawofthecase principles do not insulate the state from proving them at resentencing (E) holding that at resentencing on violation of probation trial court may revise guidelines scoresheet to reflect prior convictions mistakenly omitted from the original through no fault of the defendant

Ex Output:
(D)

Ex Input:
with Travis v. City of Mesquite, 830 S.W.2d 94, 103 (Tex.1992) (Cornyn, J., concurring) (arguing that officers' decision to pursue at high speed was "an exercise of discretion") and Carpenter v. Barner, 797 S.W.2d 99, 101 (Tex.App.Waco 1990, writ denied) (noting, without discussion, that county constable was protected by immunity when he stopped a vehicle whose taillights were not operating) and Edgar v. Plummer, 845 S.W.2d 452, 454 (Tex.App.Texarkana 1993, no writ) ("The enforcement of traffic regulations by peace officers involves the exercise of their discretion."). In other contexts, our courts have held that police officers are exercising discretion while performing their duties. See, e.g., Dent v. City of Dallas, 729 S.W.2d 114, 117 (Tex.App.Dallas 1986, writ ref'd n.r.e.) (<HOLDING>), cert. denied, 485 U.S. 977, 108 S.Ct. 1272,
Holding statements: (A) holding officer was performing discretionary act in deciding when and how to arrest suspect (B) holding testimony of officer explaining how officer came to suspect appellant was not objectionable as hearsay because it was not offered to prove the truth of the matter asserted but to show why the officer got an arrest warrant for and arrested appellant (C) holding that officers release of police dog to assist in arrest was discretionary act (D) holding that where arrest was unlawful police officer committed a battery when he touched plaintiff during arrest (E) holding that there was no arrest when suspect was moved from his own truck to a police car

Ex Output:
(A)