IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-30835 Summary Calendar

JAMES BUNCH,

Petitioner-Appellant,

versus

BURL CAIN, Warden, Louisiana State Penitentiary,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 97-CV-3688-T --------------------

December 1, 1999

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

James Bunch, Louisiana state prisoner #98639, has filed a

request for the issuance of a certificate of appealability (COA)

to appeal from the district court’s denial of his

petition. Bunch argues that the district court erred by

denying his § 2254 petition as time-barred. Bunch’s fourth

application for state habeas relief tolled the applicable

limitation period from May 14, 1996, until June 20, 1997. See

(d)(2). With the benefit of the resulting toll,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 99-30835 -2-

Bunch’s federal habeas petition was filed within the limitations

period established by the AEDPA. Accordingly, COA is GRANTED,

the judgment of the district court is VACATED, and the case is

REMANDED for further proceedings.