UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 19-1677

BRIAN DALE ATEN,

Plaintiff - Appellant,

v.

SOUTH CAROLINA BOARD OF CORRECTIONS, all in their individual and/or 

their official capacity, et al.; SOUTH CAROLINA DEPARTMENT OF 

PROBATION, PAROLE, AND PARDON SERVICES, all in their individual and/or 

their official capacity, et al.,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at 

Columbia. Donald C. Coggins, Jr., District Judge. (3:17-cv-00874-DCC)

Submitted: April 28, 2020 Decided: May 13, 2020

Before AGEE and RUSHING, Circuit Judges, and SHEDD, Senior Circuit Judge.

Dismissed in part and affirmed in part by unpublished per curiam opinion.

Brian Dale Aten, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Brian Dale Aten seeks to appeal the district court’s order accepting the magistrate 

judge’s recommendation and granting summary judgment to Defendants in Aten’s civil 

action, and the district court’s subsequent order denying reconsideration. We dismiss in 

part and affirm in part.

In civil cases, parties have 30 days after the entry of the district court’s final 

judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court 

extends the appeal period under Fed. R. App. P. 4(a)(5), or reopens 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 (2007). If a party files 

a motion under Fed. R. Civ. P. 59 or a motion for relief from judgment under Fed. R. Civ. 

P. 60 within 28 days of the judgment’s entry, the appeal period is tolled. Fed. R. App. P. 

4(a)(4)(A)(v)-(vi). 

The district court entered judgment on September 4, 2018. Aten therefore had until 

October 4, 2018, to file a notice of appeal or until October 2, 2018, to file a motion under 

Rule 59 or Rule 60 that could toll the period for appeal. Aten filed his postjudgment motion 

on October 9, 2018, outside of the 28-day tolling period.1

 He did not file his notice of 

appeal until June 24, 2019, without seeking an extension or reopening of the appeal period 

from the district court. Because Aten failed to file a timely notice of appeal with respect 

1 Aten filed two identical documents, one docketed as “objections,” the other 

docketed as a “motion for reconsideration.”
3

to the district court’s order granting summary judgment, we dismiss his appeal as to that 

order for lack of jurisdiction. 

Aten, however, timely appealed the denial of his postjudgment motion for 

reconsideration.

2

 We review the district court’s order denying this motion for abuse of 

discretion. Hickerson v. Yamaha Motor Corp., 882 F.3d 476, 481 (4th Cir. 2018). In ruling 

on an appeal from the denial of a Rule 60(b) motion, “we do not review the merits of the 

underlying order but rather only whether the movant satisfied the requirements for Rule 

60(b).” Wells Fargo Bank, N.A. v. AMH Roman Two NC, LLC, 859 F.3d 295, 299 

(4th Cir. 2017). (internal citation omitted). To succeed on a Rule 60(b) motion, a movant 

“must show that his motion is timely, that he has a meritorious defense to the action, and 

that the opposing party would not be unfairly prejudiced by having the judgment set aside.” 

Nat’l Credit Union Admin. Bd. v. Gray, 1 F.3d 262, 264 (4th Cir. 1993) (internal quotation 

marks omitted). Once a movant makes this threshold showing, he must demonstrate that 

he is entitled to relief under one of the six subsections of Rule 60(b). Heyman v. M.L. 

Mktg. Co., 116 F.3d 91, 94 (4th Cir. 1997). 

On appeal, Aten argues generally that he was denied lawful parole and asserts that 

the South Carolina Department of Corrections committed libel and/or slander. We have 

2 Because Aten’s motion was not filed within 28 days after the entry of the district 

court’s judgment dismissing the action, the motion is properly construed as filed pursuant 

to Fed. R. Civ. P. 60(b). See Fed. R. Civ. P. 59(e) (providing 28-day filing period). 
4

reviewed the record and conclude that the district court did not abuse its discretion in 

denying reconsideration under Rule 60(b) with respect to the issues raised on appeal. We 

therefore affirm the district court’s order denying reconsideration.

3

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 

AND AFFIRMED IN PART

3 To the extent Aten requests counsel in his informal brief, we deny his request.