UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________

No. 98-10426 Summary Calendar _____________________

TERRY LEWIS MOREAU,

Petitioner-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION,

Respondent-Appellee. _________________________________________________________________

Appeal from the United States District Court for the Northern District of Texas (1:97-CV-240) _________________________________________________________________

January 3, 2000

Before SMITH, BARKSDALE, and PARKER, Circuit Judges.

PER CURIAM:*

Terry Lewis Moreau, Texas prisoner no. 394973, appeals the

district court’s dismissal of his

petition for a

writ of habeas corpus. In concluding that Moreau’s petition was

time-barred, the district court did not have the benefit of our

court’s recent decision in Villegas v. Johnson,

, 469-

70 (5th Cir. 1999) (a state habeas application is “properly filed”

for purposes of triggering the tolling provisions as long as it

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. conforms to the state’s applicable procedural filing requirements).

Under Villegas, the

(d) limitations period was

tolled by the pendency of Moreau’s fourth state habeas petition.

Accordingly, the judgment of dismissal is VACATED and the case is

REMANDED to the district court for further proceedings in the light

of Villegas.

VACATED and REMANDED

2