FORMER Customs Director Jose C. Mafnas voluntarily dismissed without prejudice his complaint against Department of Finance Secretary David DLG Atalig on Wednesday. Without prejudice means the complaint can be refiled.
Superior Court Associate Judge Joseph N. Camacho on the same day granted and approved Mafnas’ request.
Mafnas filed the notice of voluntary dismissal through attorney Charity Hodson who said none of the defendants have answered her client’s verified complaint or moved for summary judgment.
“Therefore, plaintiff may dismiss this action without court order or stipulation,” Hodson added.
She did not provide a reason for the voluntary dismissal.
In his complaint, Mafnas named Atalig, in his official capacity as secretary of Finance, and the CNMI government as defendants.
A civil service employee, Mafnas is seeking a declaratory judgment and injunctive relief against the defendants for transferring him to the Department of Commerce as the new director of export, importation and public outreach.
Mafnas wants the court to issue an order reinstating him to his previous position as Customs director until the court has decided on his motion for a preliminary injunction.
Mafnas is a supporter of the independent gubernatorial ticket of Lt. Gov. Arnold I. Palacios and his running mate, Saipan Mayor David M. Apatang.
In his TRO motion and request for injunction order, Mafnas said his “constitutional right to vote freely and as he sees fit has been under fire for months.”
On Monday Mafnas told Variety that he would probably file another lawsuit against the Finance secretary and Gov. Ralph DLG Torres.
“The governor is involved, hands down,” Mafnas said, referring to his transfer.
David DLG Atalig
