Ruben Diaz v. State of Florida Fourth Judicial Circuit

WILSON, Circuit Judge:

Petitioner Ruben Diaz appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition for failure to meet the “in custody” requirement. The district court found that because Diaz had completely served the sentence imposed by the state court, he was no longer “in custody pursuant to the judgment of a State court” as required by 28 U.S.C. § 2254(a). After review and oral argument, we affirm the district court’s dismissal.

I

Back in 2002, Florida state officials arrested Diaz, and he was later indicted on state racketeering charges. Before going to court for the state…