TUSCALOOSA, Ala. (AP) — A judge has dismissed a criminal sex case against a former Alabama teacher after prosecutors said the alleged victim refused to cooperate.

Tuscaloosa County Circuit Court Judge John England on Monday granted the prosecution’s motion to dismiss the case against former Brookwood High School teacher Joe Bradley Petrey.

The Tuscaloosa News reports that Petrey was arrested in August 2015 on a charge of engaging in a sex act with a student younger than 19.

Tuscaloosa County Deputy District Attorney Kandice Pickett wrote in court papers recently that the woman has moved out of state, and has no intentions of cooperating with prosecutors.

Petrey’s attorney, Joel Sogol, told the newspaper that it’s unlikely the case will be refiled against his client, who now lives in Pensacola, Florida, according to court records.