What is the test for dismissing an action for failure to prosecute for abuse of discretion?

MultiRegion, United States of America

The following excerpt is from Abatecola v. U.S. Veterans Admin., 874 F.2d 815 (9th Cir. 1989):

We review a district court's order dismissing an action for failure to prosecute for an abuse of discretion. Carey v. King, 856 F.2d 1439, 1440 (9th Cir.1988).

Given the district court's efforts to explain to the plaintiff the consequences of his failure to amend and given the trial court's imposition of a sanction less severe than dismissal with prejudice, we hold there was no abuse of discretion. See Ash v. Cvetkov, 739 F.2d 493, 497 (9th Cir.1984), cert. denied, 470 U.S. 1007 (1985).

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