(PC)Marion II v. Oregel et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CARL BENTLY MARION II,
Plaintiff,
v.
EDGAR OREGEL, et al.,
Defendants.
Case No.: 1:24-cv-00872-KES-SKO
ORDER DISCHARGING ORDER TO
SHOW CAUSE
(Doc. 21)
ORDER GRANTING REQUEST TO
EXTEND TIME WITHIN WHICH TO FILE
STATUS UPDATE OR, ALTERNATIVELY,
TO WITHDRAW THE MOTION FOR
DEFAULT
(Doc. 22)
Plaintiff Carl Bently Marion II is represented by counsel in this civil rights action pursuant
to 42 U.S.C. section 1983.
I. INTRODUCTION
On December 16, 2025, the Court issued its Order Approving Substitution of Counsel;
Directing the Clerk to Terminate Attorney Hayden; Discharging Attorney Hayden’s Obligation to
Serve Plaintiff; Requiring Attorney Hanagan to Serve a Copy of This Order on Plaintiff;
Requiring a Status Update Regarding the Motion for Default; and Extending Plaintiff’s Time to
Serve Defendant Under Rule 4(m). (See Doc. 20.) The Court directed “Plaintiff to, within seven
(7) days, either (1) file a status update indicating that he wishes to proceed with the motion for

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default; or (2) withdraw the motion for default.”1 (Id. at 2.)
On December 30, 2025, when Plaintiff failed to respond, the Court issued its Order to
Show Cause (OSC) in Writing Why Sanctions Should Not be Imposed for Plaintiff’s Failure to
File Status Update, or, Alternatively, to Withdraw the Motion for Default. (Doc. 21.) Later that
same date, Plaintiff filed a response to the OSC. (Doc. 22.)
II. DISCUSSION
Plaintiff requests the Court extend the date for the filing of a status update to January 16,
2026. (Doc. 22 at 2.) Plaintiff’s counsel Michael J. Hanagan states he is presently “the only full-
time attorney at Unite the People, Inc.,” a licensed non-profit representing incarcerated
individuals throughout California in habeas, resentencing, and civil rights matters. (Id. at 3, ¶¶ 2-
5, 7.) Counsel states that due to the holidays, he and other staff have “been in the office only
intermittently.” (Id., ¶ 8.)
Next, counsel states that on November 19, 2025, Unite the People, Inc. learned that
attorney Michael Hayden was no longer willing to represent Plaintiff in this matter. (Doc. 22 at 3,
¶ 9.) Hanagan substituted in on Plaintiff’s behalf to avoid a dismissal for a failure to prosecute
even though he was unfamiliar with the case. (Id. at 4, ¶ 10.) Difficulties following updates to
counsel’s “PACER and CM/ECF accounts” and a continuing delayed response to a request for
assistance to the “PACER Service Center,” resulted in counsel unable to familiarize himself with
this matter. (Id., ¶¶ 11-13.) Counsel states “it is not clear that all documents filed by or sent to Mr.
Hayden were uploaded into” the firm’s case management software, potentially exacerbating
counsel’s “inability to access the Court’s docket.” (Id., ¶ 13.)
Counsel states he intends to “contact Mr. Hayden and ensure that all current issues with
[Plaintiff’s counsel’s] access to PACER and CM/ECF are resolved in order to ensure” the firm is
in possession of the “entire case file … and will review that information to become familiar with
the case.” (Doc. 22 at 4-5, ¶ 14.)
1 “Plaintiff’s Motion for Default Judgment” was filed November 25, 2025. (See Doc. 17.)

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The Court finds good cause to extend the deadline for the filing of status update as
directed in the Court’s December 16, 2025, Order, and will discharge the OSC.
III. CONCLUSION AND ORDER
Accordingly, for good cause shown, the Court HEREBY ORDERS that:
1. The Order to Show Cause issued December 30, 2025 (Doc. 21) is DISCHARGED;
2. Plaintiff’s request to extend the deadline for filing a status update (Doc. 22) is
GRANTED; and
3. Plaintiff SHALL file the required status update and/or withdraw the motion for
default no later than January 16, 2026.
IT IS SO ORDERED.
Dated: January 2, 2026 /s/ Sheila K. Oberto .
UNITED STATES MAGISTRATE JUDGE