Judge dismisses lawsuit from man who was on Nirvana's "Nevermind" album cover

A federal judge has dismissed the lawsuit of a 30-year-old man who alleged that the image of him nude as a 4-month-old on the 1991 cover of Nirvana's "Nevermind" album is child pornography.

Judge Fernando M. Olguin on Monday granted a motion to dismiss the suit from the defendants, who include surviving Nirvana members Dave Grohl and Krist Novoselic and the estate of Kurt Cobain, but left the door open for plaintiff Spencer Elden to refile an amended version.

The dismissal came after Elden's attorneys did not file an opposition to the defendants' motion to dismiss by a December 30 deadline. The attorneys declined comment Tuesday.