McLeod

MEMORANDUM **

William C. McLeod, II appeals pro se the district court’s order dismissing his action alleging violation of the Privacy Act, 5 U.S.C. § 552a, in connection with the Department of Veterans Affairs (“VA”) releasing his United States Air Force medical records to certain private entities. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and, after de novo review, Schmier v. U.S.Ct. of Appeals for the Ninth Circuit, 279 F.3d 817, 824 (9th Cir.2002), we affirm.

The district court properly dismissed the complaint as to the private entities and the United States because only governmental agencies are subject to the Privacy Act. See Unt v. Aerospace Corp., 765 F.2d 1440, 1447 (9th Cir.1985). The district court properly denied McLeod’s request for an injunction because “Congress did not intend to authorize the issuance of injunctions prohibiting disclosures of protected materials.” Cell Assocs., Inc. v. Nat’l Insts. of Health, 579 F.2d 1155 , 1159 (9th Cir.1978). The district court properly dismissed McLeod’s complaint for damages because he failed to allege that the VA acted with the requisite scienter. See 5 U.S.C. § 552a(g)(4) (damages available where agency acted…