Actress Lindsay Lohan attends the Maxim Hot 100 Party held at the Gansevoort Hotel in New York City on Wednesday, May 16, 2007. [AP]

Lindsay Lohan won't be charged with theft because prosecutors can't confirm she walked off with someone's clothes.

The district attorney's office declined to file felony grand theft charges on May 9 because of insufficient evidence, spokeswoman Jane Robison said Thursday.

An e-mail to a representative for Lohan seeking comment was not immediately returned.

A woman claimed that Lohan walked away with a shirt and other clothing after visiting her apartment while she was away for a few days.

The rejection notice said a housesitter had invited Lohan over and told authorities that she had given Lohan some clothing.

However, a plaid shirt that Lohan supposedly was wearing didn't match photos of a shirt that the alleged victim said was missing.

"The bottom line is that Lohan can't be shown to have been seen either taking or to have been later in possession of missing items and items she can be shown to have possessed were with (the housesitter's) permission," Deputy District Attorney Greg Somes wrote in the rejection notice.

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