Scribner

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

TIANTE DION SCOTT,

No. 2:10-cv-01220-JKS Petitioner,

ORDER

vs. [Re: Motion at Docket No. 39] L. E. SCRIBNER, Warden, Calipatria State Prison, Respondent. This Court denied Tiante Dion Scott, a state prisoner appearing pro se, habeas relief and a certificate of appealability on March 1, 2012. Docket Nos. 28, 29. Scott attempted to appeal this Court’s denial to the Ninth Circuit Court of Appeal, but the appellate court likewise denied his request for a certificate of appealability on May 24, 2013. Docket No. 37. More than six years later, Scott now files in his closed case a motion to correct his sentence in the same underlying state criminal case, which he contends imposes a victim restitution order that is unauthorized under various state statutes and in violation of the Eighth Amendment of the U.S. Constitution’s prohibition against cruel and unusual punishment. Docket No. 39. This Court, however, is without jurisdiction to entertain this motion. Scott avers that this Court has jurisdiction over the motion pursuant to 18 U.S.C. § 3742(a)(1)-(6), which authorizes federal criminal…