A Los Angeles judge has thrown out the lawsuit from the person who appeared naked on the cover of Nirvana’s Nevermind as a baby. Spencer Elden, now age 31, claimed in the lawsuit that the image amounted to child pornography. Elden has claimed that the album cover, which was taken when he was four months old by a family friend, caused him “permanent harm” as well as a “lifelong loss of income-earning capacity.” The suit named several record labels, drummer Dave Grohl, bassist Krist Novoselic, Kurt Cobain’s estate, and photographer Kirk Weddle. US District Judge Fernando Olguin, who dismissed the case with prejudice, ruled that the case was filed well past the statute of limitations (10 years). Elden first filed suit against Nirvana in 2021 for child sexual exploitation. The suit was later thrown out after Elden missed the deadline to respond to the defendants’ motion to dismiss. Elden then re-filed the suit in January 2022. He cannot re-file the case after Olguin’s ruling, though he will be submitting an appeal, per his legal team.