Nunez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Isaias Lopez NUNEZ, Case No.: 3:21-cv-2046-CAB-AGS Petitioner, REPORT AND RECOMMENDATION

TO GRANT PETITIONER’S

v.

MOTION FOR STAY AND

Martin GAMBOA, Warden, ABEYANCE (ECF 3) Respondent. 8 Petitioner Isaias Lopez Nunez moves for a stay of this action while he exhausts his state remedies for multiple claims not included in his federal petition. (ECF 3; ECF 9.) BACKGROUND The same day Nunez filed for federal habeas corpus relief, he also filed this motion to stay. (ECF 1; ECF 3.) In his habeas petition, Nunez raised two grounds: an ex post facto sentencing argument and ineffective assistance of counsel. (ECF 1, at 7-10.) He moved to stay his federal petition so he could exhaust other claims, including various ineffective- assistance-of-counsel issues, prosecutorial misconduct, and actual innocence. (ECF 3, at 2.) Upon review, the Court concluded Nunez’s current claims are fully exhausted. (ECF 5,…