Doe
Doe v. Rostker
Opinion
lead Opinion
Williams, J.
MEMORANDUM OPINION AND ORDER DISMISSING PLAINTIFFS’ COMPLAINT WITHOUT PREJUDICE
This action was brought pursuant to 5 U.S.C. § 552a (the Privacy Act) in an attempt by plaintiffs to maintain anonymity throughout this lawsuit. This matter came on for hearing on January 7, 1981. Although this was heard at a status conference rather than on noticed motion, the parties filed briefs and fully argued the matter. After the hearing, the court took the matter under submission.
FACTUAL BACKGROUND
Plaintiffs Doe, Roe and Woe are male citizens of the United States born during the calendar year 1961. On July 2, 1980 President Carter issued Proclamation No. 4771 requiring males born in 1961 to register with the Selective Service System during the period July 28 through August 2, 1980. Plaintiffs have complied with this registration requirement.
Plaintiffs contend that the Proclamation directing them to register is in violation of § 4(a) of the Military Service Act, 50 U.S.C. App. § 454(a). Section 454(a) provides that each registrant “shall be immediately liable *160 for classification and examination, and shall, as soon as practicable following his registration, be so classified and…