Can a federal district court dismiss a case for failure to prosecute pursuant to Rule 41(b)?
MultiRegion, United States of America
The following excerpt is from Fiduccia v. Department of Health and Human Services, 927 F.2d 609 (9th Cir. 1991):
A district court has the power to dismiss a case for failure to prosecute pursuant to Rule 41(b), either by motion of defendant or sua sponte. Ash v. Cvetkov, 739 F.2d 493, 496 (9th Cir.1984), cert. denied, 470 U.S. 1007 (1985). However, dismissal is a harsh penalty to be imposed only in extreme circumstances, and it must be supported by a showing of "unreasonable delay." Henderson, 779 F.2d at 1423 (citations omitted).
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