A Los Angeles U.S. District judge has dismissed a third and “final” lawsuit against Nirvana claiming that the cover of their 1991 album, Nevermind, is child pornography. The suits were brought by Spencer Elden, who appeared on the cover naked as a baby. He has been seeking damages from Nirvana’s surviving members Dave Grohl and Krist Novoselic, as well as from the estate of the late Kurt Cobain, the photographer, and multiple record labels.

Rolling Stone reports that Elden will be unable to file another lawsuit because, according to District Judge Fernando Olguin, “it is undisputed that (Elden) did not file his complaint within ten years after he discovered a violation… the court concludes that his claim is untimely.”

Elden said he will appeal.