[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 04-11681 September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.