Cloutier filed paperwork Tuesday afternoon dismissing without prejudice the complaint against the Solano County Registrar of Voters, the county of Solano, the city of Vallejo and Mayor-elect Osby Davis.
Cloutier claimed the election Davis won by two votes after a manual recount was tainted and there were discrepancies between the machine count in November and the manual recount in December.
Cloutier won the machine count and was sworn as mayor before the manual recount went in Davis' favor. Davis was then sworn in as mayor.
Cloutier said a ballot found in the trash during the recount at the Registrar of Voters Office indicated "the potential for mischief" tainted the recount, which he said was not properly supervised by election officials.
Cloutier's complaint asked the court to declare him the elected mayor of Vallejo, annul the certification of Davis as the winner and in the alternative order a special election.
A hearing on Cloutier's motion for a preliminary injunction was scheduled for today. Cloutier was not immediately available for comment.
The Solano County Superior Court Web site showed the complaint was dismissed without prejudice Tuesday at 3:28 p.m. A spokeswoman in the court's civil division confirmed Cloutier filed paperwork dismissing the complaint without prejudice. She said a hearing was not held on the issue.
