REPORT AND RECOMMENDATION

ELIZABETH M. TIMOTHY, Chief Magistrate Judge.

This matter is before the court on Petitioner's motion to voluntarily dismiss his habeas petition filed pursuant to 28 U.S.C. § 2254 (doc. 23). As grounds for dismissal, Petitioner states he filed an application for post-conviction relief in the state courts in September of 2014, which is still pending, and he wishes to dismiss his § 2254 petition without prejudice to refiling a petition at a future time so that he may include claims which he is currently exhausting in the state courts (id.). Petitioner states he is aware of the following: (1) there is a one-year limitations period for filing a § 2254 petition, (2) the one-year period normally runs from date upon which the conviction became final, but the time during which a "properly filed" application for state post-conviction or other collateral review is pending is not counted, (3) the limitations period is not tolled during the pendency of a federal habeas proceeding, and (4) dismissal of the instant § 2254 petition without prejudice does not preclude a determination that a subsequently filed § 2254 petition is untimely or otherwise procedurally barred (id. at 4-5).

Because Respondent has served an answer in the instant case, this action may not be dismissed at Petitioner's instance except by order of the court. See Fed. R. Civ. P. 41(a)(2). In light of Petitioner's desire to dismiss his petition, this court concludes dismissal is appropriate.

Accordingly, it is respectfully RECOMMENDED:

That Petitioner's motion to voluntarily dismiss his § 2254 petition (doc. 23) be GRANTED and this action dismissed without prejudice.

NOTICE TO THE PARTIES

Objections to these proposed findings and recommendations must be filed within fourteen (14) days after being served a copy thereof. Any different deadline that may appear on the electronic docket is for the court's internal use only, and does not control. A copy of objections shall be served upon all other parties. If a party fails to object to the magistrate judge's findings or recommendations as to any particular claim or issue contained in a report and recommendation, that party waives the right to challenge on appeal the district court's order based on the unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636.