What is the test for dismissing without prejudice?

MultiRegion, United States of America

The following excerpt is from U.S. v. White, 864 F.2d 660 (9th Cir. 1988):

United States v. Taylor is right on point here. Unfortunately it was not decided until after the district court issued its ruling. Nevertheless, it is controlling. Here, the district court did not make any specific factual findings in support of its decision to dismiss without prejudice. Furthermore, the record does not contain any discussion of the statutory factors. Because the district court failed to indicate an adequate basis for its dismissal without prejudice under section 3162(a)(2), we find that it abused its discretion. 2

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