Spencer Elden, the naked infant who appeared on the cover of Nirvana's 1991 album "Nevermind," had filed a case against the band,

but a federal judge had previously dismissed it, and Nirvana has now prevailed.

According to Rolling Stone, U.S. District Judge Fernando Olguin once more dismissed the complaint on Friday,

citing a 10-year statute of limitations and Elden's excessive delay in filing the motion.

The lawsuit claims that the famous cover image of a naked Elden, four months old, swimming, contains child pornography and child

sexual exploitation.  Olguin permitted Elden to resubmit the motion earlier this year even though it had already been denied.

Due to the fact that the plaintiff had a chance to correct the flaws in his suit regarding the statute of limitations, the court

Olguin permitted Elden to resubmit the motion earlier this year even though it had already been denied.

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