A California court on Monday dismissed a lawsuit against Nirvana. The man who appeared on the cover of the album Nevermind as a baby wanted to sue the band for child pornography and sexual exploitation.

The court has given Spencer Elden, the man who initiated the case, the space to recover. He has until January 13 to reconsider and resubmit the case, Spin Magazine reports.

In his indictment, Elden said his cover image had caused him “permanent and extreme emotional distress.”

Former band members Krist Novoselic and Dave Grohl, who formed Nirvana with frontman Kurt Cobain, who died in 1994, had previously indicated that they did not take the matter so seriously. “This man has been able to take advantage of his fame for thirty years as, as he calls it, ‘Nirvana baby’.”

At the fifteenth and twentieth anniversary of the album, Elden collaborated on a reproduction of the cover. In addition, he would have the cover tattooed on his chest. Elden has not yet pledged to resubmit his lawsuit.

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