What is the legal test for dismissing a lower court's dismissal for failing to prosecute?
federal, United States of America
The following excerpt is from In re Stuart, 88 BR 247 (B.A.P. 9th Cir. 1988):
A lower court's dismissal for failure to prosecute will be reversed only upon a finding of abuse of discretion. Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986) (citation omitted). However, "dismissal is a harsh penalty and is to be imposed only in extreme circumstances." Id. (citation omitted).
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