Walter Earl Franklin, Texas prisoner # 1002429, requests a certificate of appeal-ability (“COA”) to appeal the district court’s denial of his 28 U.S.C. § 2254 petition as untimely under § 2244(d). See § 2253(c)(1)(A). Because the district court failed to toll the limitations period on December 25, 2003, Christmas Day, and on December 26, 2003, when the clerk’s office for the Eastern District of Texas was officially closed, jurists of reason would find that the district court should not have dismissed Franklin’s habeas petition as time-barred. See Fed.R.Civ.P. 6(a); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000). A COA is hereby GRANTED. The district court’s judgment denying habeas relief on the basis of the time-bar of 28 U.S.C. § 2244(d) is hereby VACATED, and this case is REMANDED to the district court for consideration of the constitutional claims set forth in Franklin’s habeas petition.

VACATED and REMANDED.