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DIAZ v. STATE OF FLORIDA FOURTH JUDICIAL CIRCUIT

No. 10-15202.

683 F.3d 1261 (2012)

Ruben DIAZ, Petitioner-Appellant, v. STATE OF FLORIDA FOURTH JUDICIAL CIRCUIT, In and For DUVAL COUNTY, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 11, 2012.

Attorney(s) appearing for the Case

Anne Frances Borghetti (Court-Appointed), Anne F. Borghetti, PA, St. Petersburg, FL, for Petitioner-Appellant.

Charles Richey McCoy , Atty. General's Office, Tallahassee, FL, Pam Bondi , Atty. General's Office, Jacksonville, FL, for Respondents-Appellees.

Before EDMONDSON and WILSON, Circuit Judges, and VINSON, District Judge.

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.

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