Spencer Elden, now 30, appeared as a naked baby on the cover of the 1991 album.
He sued former members of the band, the photographers and others, claiming the artwork was child porn.
Nirvana filed to dismiss last month, saying Elden’s arguments lacked merit.
The judge has given Elden until January 13 to amend his complaint. If he does not, the case will be officially dismissed once and for all.
Please note: The video at the top of this player is from a previous report.
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Source: This post first appeared on abc7NY