FILED
NOT FOR PUBLICATION JAN 27 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KENNETH S. ALEXANDER, No. 12-55930
Plaintiff - Appellant, D.C. No. 2:06-cv-08257-JVS-JEM
v.
MEMORANDUM*
UNITED STATES OF AMERICA; et al.,
Defendants,
JESUS FERNANDEZ, MD, FCI
Victorville 1; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
James V. Selna, District Judge, Presiding
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Former federal prisoner Kenneth S. Alexander appeals pro se from the
district court’s summary judgment in his action brought under Bivens v. Six
Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971),
alleging that defendants failed properly to treat his hand injury. We have
jurisdiction under 28 U.S.C § 1291. We review de novo. Morrison v. Hall, 261
F.3d 896, 900 (9th Cir. 2001). We affirm.
The district court properly granted summary judgment because Alexander
failed to raise a genuine dispute of material fact as to whether his claims accrued
after he filed his Chapter 7 bankruptcy petition or were abandoned or administered
by the trustee. See 11 U.S.C. § 554(d) (“Unless the court orders otherwise,
property of the estate that is not abandoned under this section and that is not
administered in the case remains property of the estate.”); Canatella v. Towers (In
re Alcala), 918 F.2d 99, 102 (9th Cir. 1990) (causes of action that accrued before
Chapter 7 petition is filed are part of the estate vested in the trustee). Accordingly,
Alexander is not the real party in interest and has no standing to pursue his claims.
See Fed. R. Civ. P. 17(a)(1) (“An action must be prosecuted in the name of the real
party in interest.”); see also Estate of Spirtos v. One San Bernadino Cnty. Superior
Court Case Numbered SPR 02211, 443 F.3d 1172, 1176 (9th Cir. 2006)
2 12-55930
(bankruptcy code endows bankruptcy trustee with exclusive right to sue on behalf
of estate).
The district court did not abuse its discretion in failing to consider
Alexander’s “supplemental objection” filed after entry of judgment. See
Preminger v. Peake, 552 F.3d 757, 769 n.11 (9th Cir. 2008) (standard of review);
S. Cal. Edison Co. v. Lynch, 307 F.3d 794, 807 (9th Cir. 2002) (“District courts
have ‘inherent power’ to control their dockets.” (citation omitted)).
AFFIRMED.
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