A paparazzo's lawsuit against Woody Harrelson is apparently out of focus.
Josh Levine, a former TMZ photographer, has dropped his $2.5 million assault and battery lawsuit against the actor, court documents show.
An attorney for Levine informed Los Angeles Superior Court Judge Michael C. Solner last week that his client was no longer pursuing the case but said he was leaving open the option to potentially revisit the matter in the future.
A hearing had been scheduled for Monday on Harrelson's motion to have the case dismissed on grounds that he was not properly served, but was canceled after Levine decided to drop his suit.
The actor had yet to comment on the development.
Levine took legal action against Harrelson in March 2007, accusing the actor of attacking him on June 29, 2006, after he tried to snap a photo.
He claimed that he was following Harrelson down the street at around 11 p.m. after the Natural Born Killers star left a Hollywood club. As he shot footage of the actor, Harrelson allegedly shoved a hand over his lens, breaking his camera while simultaneously driving it into his ribcage.
According to the lawsuit, Harrelson then put his hands around Levine's neck, leaving minor abrasions, while threatening to harm him further. The whole encounter was captured on videotape.
Though Levine filed a police report following the incident, the Los Angeles District Attorney's Office passed on filing charges against Harrelson, stating that the footage of the incident failed to show Harrelson had intended either to hurt Levine or to break his camera.