Spencer Elden loses again.  On Friday, U.S. District Judge Fernando Olguin in L.A. dismissed the third version of the lawsuit filed against Nirvana by the man who claimed he was the baby featured on the cover of the band’s “Nevermind” album.

The judge ruled 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 constituted child sexual exploitation. Elden also argued his image was taken and used without his consent.

The ruling prevents Elden from filing a fourth version of his complaint.

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