Michael “Shagg” Washington, backing singer for Cypress Hill and model, has has been pursuing a $350 million lawsuit against Grand Theft Auto: San Andreas publisher Take-Two.

It did seem like Washington had a strong case too with regards to the alleged use of his likeness in San Andreas. The celebrity believed the game’ protagonist CJ was fashioned on him. Washington had a meeting in 2003 with the San Andreas developers in which he discussed his former involvement in street gangs.

MCV cite that the case had reportedly already been thrown out of court by a judge once, and so the Californian court of appeal has backed the decision and concluded that there’s insufficient proof that CJ was based on Washington.

“Plaintiff is relying entirely on CJ’s physical appearance in the game, but that appearance is so generic that it necessarily includes hundreds of other black males,” the judge explained.