The following excerpt is from Rhones v. Rowland, 9 F.3d 1553 (9th Cir. 1993):
In determining whether to dismiss an action for failure to prosecute or failure to comply with a court order, the district court is required to weigh five 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.' " Id. (quoting Thompson v. Housing Authority, 782 F.2d 829, 831 (9th Cir.) (per curiam), cert. denied, 479 U.S. 829 (1986)). If the district court does not explicitly weigh these factors, we review the record independently to determine whether dismissal was an abuse of discretion. Malone, 833 F.2d at 130.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.