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.
--------
Question: who are undeniably state actors, colluded with her in her actions. When all intendments are taken in the Plaintiffs' favor, therefore, their allegations indicate both that Malac infringed their substantive due process rights and that she can be considered a state actor. Accordingly, Malac's motion to dismiss is denied. III. CONCLUSION For the foregoing reasons, Defendant Barbara Malac's motion to dismiss [Docket No. 47] is DENIED. The motion of Defendant Agent Cynthia Preston and Defendant Agent Nancy Gingras [Docket No. 50] to dismiss is DENIED with respect to Agent Preston, but GRANTED with respect to Agent Gingras. SO ORDERED. 1 . For the propriety of citing this unpublished Second Circuit opinion, see Anastasoff v. United States, 223 F.3d 898, 899-905 (8th Cir.2000) (Arnold, J.) (<HOLDING>), vacated as moot, 235 F.3d 1054 (8th Cir.2000)
Holding statements: (A) holding that unpublished opinions are of persuasive value at best and not precedential (B) holding that opinions accompanying the denial of certiorari cannot have the same effect as decisions on the merits (C) holding that even district court cases decided by panels of three have no precedential value (D) holding that unpublished opinions have precedential effect (E) recognizing that we ordinarily do not accord precedential value to our unpublished decisions and that such decisions are entitled only to the weight they generate by the persuasiveness of their reasoning citation omitted

Answer: (D)

Question: jurisdiction to exercise its discretion to treat the matter before it as a petition for a writ of certiorari. See, e.g., In re Temporary Custody of Five Minors, 105 Nev. 441, 777 P.2d 901 (1989). In light of the far reaching consequences of the issues presented, we are confident the district court would have exercised that discretion for the same reasons we have exercised our discretion to review the instant original petition. 3 Nev. Const, art. 6, 8. 4 NRS 4.370(3). 5 State of Nevada v. Justice Court, 112 Nev 803, 919 P.2d 401 (1996). 6 See generally NCJC Canon 2. 7 Nev. Const, art. 6, 8; NRS 4.370(3). 8 NRS 189.120; State v. Shade, 110 Nev. 57, 867 P.2d 393 (1994). 9 See Parsons v. State, 116 Nev. 928, 937, n.8, 10 P.3d 836, 841-42 n.8 (2000). 10 40 Nev. 228, 161 P. 737 (1916) (<HOLDING>). 11 106 Nev. 203, 789 P.2d 584 (1990) (holding
Holding statements: (A) holding a city liable for the unconstitutional firing of two clerks by a municipal judge when it was clear the city had delegated to him final administrative authority over employment matters (B) holding that a sentence imposed within statutory limits will not be disturbed on appeal absent an abuse of discretion by the trial court (C) holding that the city had standing to challenge the constitutionality of a statute allowing certain communities within the same county as the city to incorporate as towns without the citys consent (D) holding that a municipal court had no constitutional or statutory authority to rule on the legality and constitutionality of a tax imposed on attorneys practicing within the city limits (E) holding that a blakely challenge fell within the defendants waiver of his right to appeal the constitutionality or legality of the guidelines

Answer: (D)

Question: for abuse of discretion, while its application of legal precepts in determining that any delay was excusable is reviewed under a plenary standard). 17 . The Melendez court issued an order granting the petition on October 15, 2002, giving the Election Division Director three weeks to make any necessary changes. 18 . See supra note 8, at 239, 919 A.2d at 1280. 19 . This Court has long recognized the importance of the elective franchise. See Maryland Green Party v. State Board of Elections, 377 Md. 127, 150, 832 A.2d 214, 228 (2003) (stating that Article 7 of the Maryland Declaration of Rights "has been held to be even more protective of rights of political participation than the provisions of the federal Constitution"); Munsell v. Hennegan, 182 Md. 15, 22, 31 A.2d 640, 644 (1943) (<HOLDING>); Kemp v. Owens, 76 Md. 235, 241, 24 A. 606,
Holding statements: (A) holding that the potential harm caused to uocava voters far outweighed the burden placed upon the state because of the states legally mandated obligation to provide uocava voters the ability to vote (B) recognizing the right of individuals to associate for the advancement of political beliefs and the right of qualified voters regardless of their political persuasion to cast their votes effectively (C) holding that electors should have the fullest opportunity to vote for candidates of any political party and any restrictions that are destructive of freedom of choice by voters will not be upheld (D) holding that the right to vote is fundamental (E) holding that state may not compel political party to allow nonmembers to vote in its primary elections

Answer:
(C)