An Indiana judge has granted a motion dismissing a lawsuit filed by a nephew of 1930s gangster John Dillinger, who wants to exhume the notorious criminal’s Indianapolis grave.

A Marion County judge last month dismissed Michael Thompson’s lawsuit without prejudice after finding he needed the cemetery’s permission to exhume Dillinger’s grave. The judge later granted Thompson an extension to file an amended complaint. But his attorney filed a motion Tuesday seeking to voluntarily dismiss the suit without prejudice and it was granted.

Thompson’s attorney, Andrea Simmons, says that filing was procedural, allowing him to file another lawsuit in the future.