Travis Gower v. Daniel Clifford
── Travis Gower v. Daniel Clifford ──
Court: Court of Appeals for the Third Circuit
Date: May 27, 2026
Category: General
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 25-2631
__________
TRAVIS GOWER,
Appellant
v.
JUDGE DANIEL CLIFFORD; MONTGOMERY COUNTY PA
____________________________________
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Civil Action No. 2:25-cv-02262)
District Judge: Honorable Juan R. Sánchez
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
May 20, 2026
Before: BIBAS, CHUNG, and BOVE, Circuit Judges
(Opinion filed May 27, 2026)
___________
OPINION*
___________
PER CURIAM
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
Travis Gower appeals from the District Court’s order denying his motion pursuant
to Federal Rule of Civil Procedure 60(b) to reopen his civil action that was dismissed
with prejudice. For the following reasons, we will affirm the District Court’s judgment.
In April 2025, Gower filed a complaint in the District Court against Montgomery
County Court of Common Pleas Judge Daniel Clifford and Montgomery County.1 He
alleged that the defendants conspired to violate his due process rights. In a memorandum
and separate order entered June 13, 2025, the District Court granted Gower’s motion to
proceed in forma pauperis, and screened and dismissed the complaint with prejudice
pursuant to 28 U.S.C. § 1915(e)(2)(B). The District Court determined that the complaint
failed to satisfy Federal Rule of Civil Procedure 8 because it presented no factual
allegations. Alternatively, the District Court liberally construed the complaint as alleging
violations under 42 U.S.C. § 1983, and determined that the claims against Judge Clifford
were barred by judicial immunity and the claims against Montgomery County, construed
as claims against the Montgomery Court of Common Pleas, were barred by Eleventh
Amendment immunity.
On July 17, 2025, Gower filed a “Motion to Reopen Case” pursuant to Rule 60(b).
ECF No. 14. He claimed to have “new evidence and extraordinary circumstances”
warranting relief from the judgment. Gower maintained that his new evidence of judicial
misconduct and harassment demonstrates “a likelihood of success” on his § 1983 claims.
1
The complaint was transferred from the District Court for the Middle District of
Pennsylvania, where it was initially filed. See M.D. Pa. Civ. No. 4:25-cv-00580, ECF
No. 1. It appears from the filings that, at that time, Judge Clifford was presiding over
custody hearings between Gower and his ex-wife.
2
Id. at 7. Gower also sought a temporary restraining order (TRO) to “enjoin Judge
Clifford from further judicial actions in these cases.” Id. at 1-2. Finally, Gower
requested to amend his complaint to include his new evidence.
By order entered August 14, 2025, the District Court denied the Rule 60(b) motion
because it did not “cure the defects that led to the dismissal of the complaint or offer
cognizable grounds for relief within the Court’s jurisdiction to grant.” ECF No. 15.
Gower timely appealed from that order.2
We have jurisdiction pursuant to 28 U.S.C. § 1291. We review the denial of
Gower’s Rule 60(b) motion for abuse of discretion.
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}