With no explanation, chose the best option from "A", "B", "C" or "D". Circuit’s decision. See Juan Fermin v. United States, 513 U.S. 1170, 115 S.Ct. 1145, 130 L.Ed.2d 1104 (1995). 6 . On May 16, 2011, Fermin sought to amend his § 2255 petition to add a claim alleging that the petit jury’s failure to identify the controlled substance he was found to have been trafficking violated his Sixth Amendment right to a jury trial. However, the Court denied Fermin's request to amend his petition because, at the time of the request, nearly a full year had passed since Fermin submitted his initial petition, and because the motion to amend came near the end of a 60-day extension that the Court had already granted to him in order to reply to the Government's opposition. See Fed.R.Civ.P. 15(a)(2); Monahan v. New York City Dep’t of Corr., 214 F.3d 275, 283 (2d Cir.2000) (<HOLDING>) (citing Foman v. Davis, 371 U.S. 178, 182, 83

A: holding that the district court abused its discretion in denying leave to amend after a delay of eight months
B: 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
C: holding that court may refuse leave to amend because of undue delay
D: holding leave to amend should be freely granted absent a showing of undue delay bad faith undue prejudice or futility
C.