Emilian David Armstrong filed suit against the Hellraiser creator earlier this year (Jun12), claiming Barker contracted the HIV virus from his own cousin.
The plaintiff, who spent 14 years with the writer, alleged he was unceremoniously dumped by his lover, who kicked him and his teenage daughter out of his home and left them destitute.
Armstrong claimed he was a partner in Barker’s business ventures and therefore entitled to a cut of the profits from the writer’s book projects and films.
A judge ruled the case was baseless and threw out Armstrong’s claims, but gave the bitter ex a chance to rework his lawsuit with new evidence.
According to TMZ.com, the plaintiff failed to deliver and now the case has been permanently dismissed.
Barker has been openly gay for years, but he has never discussed the alleged AIDS diagnosis.