[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________ FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

No. 04-11681 September 21, 2005

Non-Argument Calendar THOMAS K. KAHN

________________________ CLERK

D. C. Docket No. 03-23195-CV-UUB RUEL D. LATOJA,

Plaintiff-Appellant,

versus CARNIVAL CORPORATION, d.b.a. Carnival Cruise Lines Incorporated,

Defendant-Appellee.

________________________

Appeal from the United States District Court

for the Southern District of Florida

_________________________

(September 21, 2005) Before ANDERSON, BLACK and CARNES, Circuit Judges. PER CURIAM:

As the appellant, Ruel D. Latoja, candidly concedes, his position in this appeal is squarely foreclosed by our decision earlier this year in Bautista v. Star Cruises, 396 F.3d 1289 (11th Cir. 2005). There is no material distinction between the two cases. Latoja seeks only to preserve his ability to seek certiorari review in the United States Supreme Court, and he has done that.

AFFIRMED.

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