IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 96-10497 Conference Calendar __________________

FEDERAL TRADE COMMISSION, Plaintiff-Appellee, versus PACIFIC MEDICAL CLINICS MANAGEMENT, INC., Defendant, JAMES NORMAN WELLS, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:96-MC-33-T - - - - - - - - - - June 28, 1996 Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:* This court must examine the basis for its jurisdiction on its own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). James Norman Wells appeals the denial of a motion to quash a subpoena duces tecum. The magistrate judge denied this motion, and Wells failed to appeal the ruling to the * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

No. 96-10497 -2- district court. See 28 U.S.C. § 636(b)(1)(A). Therefore, we lack jurisdiction to consider the issue. See Colburn v. Bunge Towing, Inc., 883 F.2d 372, 379 (5th Cir. 1989).

APPEAL DISMISSED.