Does a district court have the power to dismiss a case for lack of prosecution?

MultiRegion, United States of America

The following excerpt is from Watts v. Dawes, 919 F.2d 147 (9th Cir. 1990):

The district court has the power to dismiss sua sponte a case for lack of prosecution. Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir.1986). The district court is required to weigh several factors in determining whether to dismiss a case for lack of prosecution: (1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic sanctions. Id. at 1423. Absent specific findings by the district court to show that it considered these factors, we review the record independently to determine whether the district court abused its discretion. Id. at 1424.

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