LOS ANGELES (AP) – A federal judge has dismissed the lawsuit of the man who was the nude baby on the cover of Nirvana’s “Nevermind” album but left the door open to continue the fight.

Spencer Elden, who is now 30, was 4 months old when he was photographed for the cover. He sued last year, claiming Nirvana and others profited from child pornography. A judge on Monday granted a motion to dismiss after Elden’s attorneys did not file an opposition to the defendants’ motion to dismiss by a Dec. 30 deadline.

The judge gave Elden’s attorneys until Jan. 27 to file an amended complaint, or the suit will be more definitively dismissed. Elden’s lawsuit had sought at least $150,000 from each of more than a dozen defendants. Lawyers for the defendants say Elden has profited for three decades by selling autographed copies of the album and reenacting the photo.

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