Sergio SILVA, M.D., Plaintiff-Appellant, v. GROUP PRACTICE AFFILIATES, Defendant-Appellee

Sergio SILVA, M.D., Plaintiff-Appellant, v. GROUP PRACTICE AFFILIATES, Defendant-Appellee. No. 04-51082. Summary Calendar. United States Court of Appeals, Fifth Circuit. Decided March 2, 2005. Sergio Silva, M.D., Austin, TX, pro se. Christi Dickson Feeney, Godwin Gruber, Dallas, TX, for DefendanU-Appellee. Before REAVLEY, JOLLY, HIGGINBOTHAM, Circuit Judges. [MAJORITY — PER CURIAM:] PER CURIAM: The district court correctly dismissed the case because ■ the plaintiffs claims against the defendants are the property of the bankruptcy estate and the plaintiff does not have standing. 11 U.S.C. § 541(a)(1). Further, the district court did not abuse its discretion in not allowing additional time to obtain ratification, join-der, or substitution of the bankruptcy trustee because the plaintiffs pursuit of the claims in his own name was not the result of an understandable mistake. See Wieburg v. GTE Southwest, Inc., 272 F.3d 302, 308 (5th Cir.2001). Silva was informed several times that his claims against the defendants were the property of the bankruptcy estate. Instead of attempting to correct the mistake, Silva filed a motion for a temporary restraining order in an attempt to prohibit the bankruptcy trustee from entering the case. AFFIRMED. Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.