Brian Joseph Stoltie seeks to appeal the district courts orders adopting the magistrate judges recommendation and dismissing Stolties 42 U.S.C. § 1983 complaint for failure to exhaust administrative remedies and denying relief on his motion to reconsider, which the district court construed as filed pursuant to Fed. R. Civ. P. 59(e). We dismiss in part and affirm in part.
Regarding the dismissal of his complaint, Stolties notice of appeal was due no more than 30 days after the entry of the district courts final judgment or order, Fed. R. App. P. 4(a)(1)(A), unless the district court extended the appeal period under Fed. R. App. P. 4(a)(5), or reopened the appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement,” Bowles v. Russell, 551 U.S. 205, 214, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007), and “an appeal from denial of [Fed. R. Civ. P.] 60(b) relief does not bring up the underlying judgment for review,” Aikens v. Ingram, 652 F.3d 496, 501 (4th Cir. 2011) (en banc) (internal quotation marks omitted). The district courts order dismissing Stolties complaint was entered on March 27, 2020. The notice of appeal was filed on November 24, 2020. See Houston v. Lack, 487 U.S. 266, 267, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988) (establishing prison mailbox rule). Because Stolties appeal from the dismissal of his complaint is untimely and he did not obtain an extension or reopening of the appeal period, we dismiss this portion of the appeal for lack of jurisdiction.
Stoltie also appeals the district courts order denying his motion for reconsideration. We review the denial of motions for reconsideration filed pursuant to Rule 59(e) or Rule 60(b) for abuse of discretion. Wicomico Nursing Home v. Padilla, 910 F.3d 739, 750 (4th Cir. 2018) (Rule 59(e) motion); Aikens, 652 F.3d at 501 (Rule 60(b) motion). Because Stolties motion was not filed within 28 days after the entry of the district courts order dismissing the action, the motion is properly construed as filed pursuant to Rule 60(b). See Fed. R. Civ. P. 59(e) (providing 28-day filing period); MLC Auto., LLC v. Town of S. Pines, 532 F.3d 269, 277-78 (4th Cir. 2008) (explaining postjudgment motions should be construed based on time period within which they are filed). Nevertheless, “we may affirm on any grounds supported by the record, notwithstanding the reasoning of the district court.” Kerr v. Marshall Univ. Bd. of Governors, 824 F.3d 62, 75 n.13 (4th Cir. 2016). Having reviewed the record, we conclude that the district court did not abuse its discretion in denying Stolties motion for reconsideration. Accordingly, we affirm the district courts order denying that motion.
We deny Stolties motion for appointment of counsel and deny as moot his motion to compel. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED IN PART, AFFIRMED IN PART
PER CURIAM:
Dismissed in part, affirmed in part by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.