Whether the 28-day limit to toll a postjudgment reconsideration motion of Federal Rule of Appellate Procedure 4(a)(4)(A) is jurisdictional

Two weeks after the district court’s case dismissal order Petitioner Robert H. Gravatt III (Mr. Gravatt”) filed a detailed letter requesting a conference to file a motion for reconsideration of the dismissal order. Upon review of the letter, the district court issued an order: “1. Gravatt may file a Motion for Reconsideration under Rule 59(e) or 60(b). No conference is necessary. 2. Any Motion for Reconsideration shall be considered timely if it is filed by...” the final day of the 30-day appeal period. Mr. Gravatt timely filed his motion on the last day of the appeal period and later filed a notice of appeal four days after the denial of his reconsideration motion. The United States Court of Appeals for the Fourth Circuit sua sponte dismissed the appeal of the case dismissal order for lack of jurisdiction. In doing so, the Fourth Circuit concluded that it lacked jurisdiction because the motion for reconsideration was filed belatedly outside a 28-day time limit to toll the appeal period under Federal Rule of Appellate Procedure 4(a)(4)(A) and, thus, that the notice of appeal was also belatedly filed. The question presented is: Whether the 28-day limit to toll a postjudgment reconsideration motion of Federal Rule of Appellate Procedure 4(a)(4)(A) is jurisdictional.