Paul James Koumjian, Texas prisoner # 1039181, appeals from the district court’s dismissal of his 28 U.S.C. § 2254 petition as time barred. See 28 U.S.C. § 2244. The district court found that Koumjian filed no state habeas applications before the expiration of the limitations period. However, there is a factual dispute regarding whether Koumjian filed a state habeas application in March 2003 in the state trial court, ease number 20010D00128-120-2. Because this application is not part of the state court record, a review of the record is not a sufficient *322 means of resolving whether the instant § 2254 petition is untimely or, if it is untimely, whether equitable tolling would be warranted under the circumstances. Accordingly, the judgment of the district court is VACATED and this case is REMANDED for further proceedings consistent with this opinion.

All outstanding motions are DENIED.