Jackson v. Wilshire Nursing & Rehabilitation Hospital

MEMORANDUM **

Sylvia Jackson appeals the district court’s judgment and order of dismissal for failure to prosecute. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion a dismissal for failure to prosecute, see Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir.1986), and we affirm. Because the parties are familiar with the facts, we recite them only as necessary for this decision.

We require district courts to weigh five factors in deciding whether to dismiss a case for lack of prosecution: (1) the public’s interest in expeditious resolution of litigation; (2) the district court’s need to manage its docket; (3) the risk of prejudice to the defendant; (4) the public policy favoring the disposition of cases on the merits; and (5) the availability of less drastic sanctions. Moneymaker v. CoBen (In re Eisen), 31 F.3d 1447, 1451 (9th Cir.1994) (citations omitted). Where, as here, the district court does not make explicit findings on these factors, we review the record independently to determine whether the district court abused its discretion. Id. (citations omitted).

“The public’s interest in expeditious resolution of litigation always favors…