MEMORANDUM **

Vernell Smith, a California state prisoner, appeals pro se the district court’s August 1, 2003 order denying his post-judgment motion. Because Smith did not timely file a notice of appeal from the underlying January 14, 2003 judgment, we lack jurisdiction to review his due process contentions. We have jurisdiction pursuant to 28 U.S.C. § 1291 to review the district court’s August 1, 2003 post-judgment order. We review for abuse of discretion, Fuller v. M.G. Jewelry, 950 F.2d 1437, 1442 (9th Cir. 1991), and we affirm.

AFFIRMED.