What is the test for dismissing a pro se action for lack of prosecution?

MultiRegion, United States of America

The following excerpt is from Carey v. King, 856 F.2d 1439 (9th Cir. 1988):

In determining whether to dismiss an action for lack of prosecution, the district court is required to weigh several factors: "(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." Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir.1986). Here, the district court relied on Local Rule 41(b)(2), which confers discretion on the court to dismiss a pro se plaintiff's action if the plaintiff fails to keep the court apprised of his correct address. 1 If mail is returned to

Page 1441

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