"In short, because it is undisputed that did not file his complaint within ten years after he discovered a violation… the court concludes that his claim is untimely," Olguin wrote in the eight-page ruling. Olguin's dismissal prevents Elden from filing a fourth version of his complaint.
Elden also claimed the image on the cover was taken and used without his consent. District Judge Fernando Olguin in Los Angeles said Spencer Elden waited too long to claim the photo of the baby reaching for a dollar in a swimming pool violated federal child pornography statutes and arguing child sexual exploitation. According to Rolling Stone, a judge has dismissed the third version of the lawsuit against NIRVANA filed by the man who claims he was the baby featured on the cover of the band's "Nevermind" album.
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