Legal Opinion
Howard J. And Camilla J. Sherman v. United States
Court of Appeals for the Ninth Circuit
Decided October 2, 1986No. 85-2580PublishedCited by 42 opinions
1Per curiam
It is well established that a judge may dismiss a case when the plaintiff fails to prosecute. See, e.g., Link v. Wabash Railroad, 370 U.S. 626, 633, 82 S.Ct. 1386, 1390, 8 L.Ed.2d 734 (1962); Franklin v. Murphy, 745 F.2d 1221, 1232 (9th Cir.1984). This case raises the novel question whether a judge may dismiss a case when the plaintiff fails to prosecute a related case in another court.
Facts
Taxpayers, Howard and Camilla Sherman, appeal from an order of the district court dismissing their action for a tax refund because of their failure to prosecute a case in the United States Tax Court, as…
2Cases cited7 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Harry Franklin v. Ms. Murphy and Hoyt CuppCourt of Appeals for the Ninth Circuit · 1984
- Goforth v. OwensCourt of Appeals for the Eleventh Circuit · 1985
- Bennie M. Callip v. Harris County Child Welfare Department, George FordCourt of Appeals for the Fifth Circuit · 1985
- In the Matter of the Sanction of Jay C. Baker and Michael J. Carson, George Roland Mulvaney v. Rivair Flying Service, Inc. v. Ed Dietlin, D/B/A Dietlin Aircraft, Third PartyCourt of Appeals for the Third Circuit · 1984
2 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Luis Felipe Velazquez-Rivera v. Sea-Land Service, Inc.Court of Appeals for the First Circuit · 1990
- Martin Family Trust v. Heco/Nostalgia Enterprises Co.District Court, E.D. California · 1999
- United States v. KentCourt of Appeals for the Ninth Circuit · 2011
- Richard Dykstra Julia Dykstra v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2001
- Emerson Electric Co. v. Davoil, Inc. D/B/A Quorum International and the Fan Connection D/B/A Dan's Fan CityCourt of Appeals for the Federal Circuit · 1996
37 more not listed; retrieve them via the Exa API.