ORDER OF DISMISSAL WITHOUT PREJUDICE

MARCIA MORALES HOWARD, District Judge.

Petitioner Alfonso Johnson, an inmate of the Florida penal system, initiated this case by filing a pro se Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 (Petition; Doc 1) on July 26, 2017.1 Respondents filed an answer to the Petition. (Response; Doc. 6). On September 21, 2019, Johnson filed a Notice of Voluntary Dismissal of his Petition (Notice; Doc. 13), pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Under Rule 41(a)(1)(A)(i), a plaintiff may voluntarily dismiss an action without a court order by filing "a notice of dismissal before the opposing part serves either an answer or a motion for summary judgment." Here, Respondents have answered Johnson's Petition; therefore, Rule 41(a)(1)(A)(i) is inapplicable. Additionally, Johnson's Notice is not signed by the opposing parties and, therefore, cannot satisfy the requirements of Rule 41(a)(1)(A)(ii) either. However, Rule 41(a)(2) permits a court to dismiss an action at a plaintiff's request on terms that the court considers proper, provided no counterclaims have been raised. As such, the Court construes the Notice to be a motion pursuant to Rule 41(a)(2). Here, Respondents did not raise a counterclaim in their Response and the Court finds Respondents would not lose any substantial right by dismissal of this action. See Pontenberg v. Boston Scientific. Corp., 252 F.3d 1253, 1256-57 (11th Cir. 2001) (noting courts have broad discretion to determine whether to allow a voluntary dismissal under Rule 41(a)(2) and courts are tasked with determining whether a defendant would be prejudiced by the dismissal). Therefore, upon review of the Notice construed as a motion, Petition, and Response, the Court, pursuant to Rule 41(a)(2), finds dismissal is proper. As such, the motion will be granted and the action dismissed without prejudice

Accordingly, it is

ORDERED:

1. Johnson's motion for voluntary dismissal (Doc. 13) is GRANTED.

2. This case is DISMISSED without prejudice.

3. The Clerk shall enter judgment dismissing this case without prejudice, terminate any pending motions, and close the case.

DONE AND ORDERED.