IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-20682 Summary Calendar

CHARLES B. WILLIAMS,

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 Southern District of Texas USDC No. H-97-CV-3959 ___________________________________________ March 9, 2000 Before POLITZ, JOLLY, and WIENER, Circuit Judges.

PER CURIAM:* The district court erred in dismissing Charles B. Williams’ (Texas prisoner # 554523)

petition as time-barred. The Texas Court of Criminal Appeals dismissed Williams’ second state postconviction application on October 1, 1997, not on April 9, 1997, as found by the district court. Accordingly, we vacate the judgment and remand to the district court for further proceedings.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. VACATED AND REMANDED.

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