John Doe, A/K/A John L. Burton v. Naval Air Station, Pensacola, Florida and Mike Steele

Appellant John Doe, a/k/a John L. Burton (“Burton”), appeals from the district court’s dismissal of his pro se complaint brought under the Privacy Act of 1974, 5 U.S.C.A. § 522a, for failure to state a claim upon which relief can be granted. The dismissal was based on a magistrate’s report and recommendation which the district court adopted without modification, and it was entered on the court’s own initiative, prior to the defendants’ appearance in the case. Since it does not appear beyond doubt that Burton can prove no set of facts that will make out the claim he presents against the…