The following excerpt is from Crosby v. Cnty. of Mono, No. CIV S-2:11-1458-KJM-EFB (E.D. Cal. 2012):
Prior to dismissing for failure to prosecute under Rule 41(b), the court must consider the factors outlined in Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986), namely: "(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." "The district court has the inherent power sua sponte to dismiss a case for lack of prosecution." Id.
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