Last week, a federal judge in California dismissed a lawsuit alleging that nude baby photos on the cover of Nirvana’s “Nevermind” album constituted child pornography.
U.S. District Judge Fernando Olgin ruled on Friday that he dismissed the case of Spencer Eldon, 31, because he waited too long to file a lawsuit, according to NBC News and The New York Times.
According to NPR, the album cover depicts Elden, then 4 months old, naked underwater with a dollar bill on a hook, which was later modified into an image, suspended in front of him.
Initially, Elden appeared to celebrate his appearance on the album and recreated the photo as he grew into an adult, according to media reports.
But last year, Elden filed a lawsuit against surviving band members Dave Grohl and Krist Novoselic. The Estate of Kurt Cobain; Cobain’s widow, Courtney Love; others claim he was sexually exploited, according to media reports.
Olgin’s decision on Friday marked his second dismissal of the lawsuit.
He dismissed the lawsuit in January after Elden’s attorneys missed a deadline to respond to the defense’s motion, but Olkin gave them a specific date to reopen the case, NPR reported.