MARY ROBINSON, District Judge
The instant case was transferred from the United States District Court for the Northern District of Texas, Dallas Division, to the United States District Court for the Northern District of Texas, Amarillo Division, on October 1, 2003.
Plaintiff KENNETH GARY, proceeding pro se and while a prisoner incarcerated in the Texas Department of Criminal Justice, Institutional Division, has filed civil suit claiming violations of his rights under the federal and state constitutions. Plaintiff did not submit a filing fee or an application to proceed in forma pauperis with his initial pleading.
On January 21, 2004, the Court issued a Notice of Deficiency and Order giving plaintiff thirty days in which to cure the noted deficiencies by paying the filing fee or submitting a current six month history of his inmate trust account and an Application to Proceed In Forma Pauperis. Plaintiff was also ordered to file an Amended Complaint utilizing the complaint form promulgated by the Court, with copies of relevant Step 2 grievances. Plaintiff was warned any failure to cure the noted deficiencies would result in the dismissal of the instant cause without further notice.
Although the period for response has expired, plaintiff has utterly failed to cure any one, much less all, of the noticed deficiencies. Instead, plaintiff filed a February 13, 2004, pleading entitled "Petition for Mandamus/Demand Pursuant [etc.]." Even if the instant case were appropriate for a mandamus action, plaintiff has utterly failed to pay the filing fee or submit an Application to Proceed In Forma Pauperis with supporting financial disclosure.
The Court does not determine that the instant action is appropriate for mandamus, but notes that, in any event, compliance with the Court's order is mandatory.
A district court may dismiss actions sua sponte for failure to comply with a court order. Long v. Simmons, 77 F.3d 878, 879 (5th Cir. 1996). Because of the operation of the statute of limitations, a dismissal without prejudice may, in some circumstances, operate as a dismissal with prejudice, id. at 880, however, the limited information provided by plaintiff in the instant cause does not appear to indicate that limitations will bar prompt reassertion of plaintiff s civil rights claims.
IT IS THEREFORE ORDERED:
The referral of the instant cause to the United States Magistrate Judge is hereby withdrawn.
This Civil Rights Complaint is DISMISSED WITHOUT PREJUDICE FOR FAILURE TO COMPLY WITH THE COURT'S ORDER.
LET JUDGMENT BE ENTERED ACCORDINGLY.
The Clerk will mail a copy of this Order to the plaintiff and to any attorney of record by first class mail.
IT IS SO ORDERED.