Edwin CastroThe record-breaking jackpot remains in his hands – a judge says the guy who accused Castro of stealing his Powerball ticket has no case… because he doesn’t have the ticket in his hand.

Jose Rivera had sued Edwin and the California State Lottery Commission, claiming he actually bought the ticket, which ended up being worth $2.04 billion. He claimed someone stole the ticket from him and it somehow ended up in Castro’s hands.

But an L.A. district judge has ruled: “Too bad, so sad…basically.” According to documents obtained by TMZ, the judge said: “Players are solely responsible for protecting their tickets from theft, loss, damage or destruction – and if Jose thought his ticket had been stolen, he should have gone to the police.

The judge made a preliminary ruling back in August, but since Jose never filed an answer, the ruling is now final and the case is closed.

In the documents, the judge also said, “The person in possession of a…winning lottery ticket…is the presumed owner/winner.” In other words, party on, Edwin!

And he lived in luxury. As we reported, Edwin spent almost $30 million on two homes, including one in the Hollywood Hillsbought a fleet of exotic cars and he is Got a new model GF.

The couple drove around in their new Porsche over the summer and attended an exclusive Hollywood event.