Carroll
Carroll v. Insurance Company of North America
Opinion
Opinion
911 F.2d 737 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles B. CARROLL, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee. No. 89-35382. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1990. * Decided Aug. 16, 1990. Appeal from the United States District Court for the District of Montana; District Judge James F. Battin, Presiding. D.Mont. AFFIRMED. MEMORANDUM ** Before EUGENE A. WRIGHT, FARRIS and NOONAN, Circuit Judges. 1 Carroll appeals the district court's dismissal of his complaint. 2 A district court considers five factors to determine whether dismissal is appropriate: 3 (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. It is not necessary for a district court to make…