Failure to prosecute occurs in a case when a claimant fails to continue to pursue an action but does not withdraw the claim.

Is dismissal for failure to prosecute with prejudice?

Once a case is dismissed for failure to prosecute, this has the effect of an adjudication on the merits and is understood to be with prejudice to the filing of another action unless otherwise provided in the order of dismissal. ... It had no reason to conclude that the petitioner failed to prosecute its case.

What is a Rule 41 dismissal?

Dismissal of Actions (a) Voluntary Dismissal. (1) By the Plaintiff. If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication. ...