R. BRYAN HARWELL, District Judge.
This False Claims Act case was filed on August 25, 2015. On February 9, 2016, the United States filed its notice of election to decline intervention. On the same date, the Court unsealed the case and ordered that the Complaint be served on the Defendants. As of the date of this Order, Plaintiff has not filed a proof of service indicating service of the Summons and Complaint on the Defendants. On January 25, 2017, the Court issued a Text Order providing notice to Plaintiff that the case would be dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure if, by February 4, 2017, Plaintiff did not file proof of service, or show good cause why Defendants had not been served within the time prescribed by Rule 4(m), Fed. R. Civ. P. See [ECF No. 16]. To date, Plaintiff has not filed a proof of service or any response or reply to the Court's Text Order ECF No. 16. There has been no further activity in this case since February 9, 2016.
The Federal Rules of Civil Procedure require that a defendant be served with a summons and a copy of the complaint within 90 days after the complaint is filed, or for removal cases, within 90 days from the date of removal.
However, "[e]ven if a plaintiff does not establish good cause, the district court may in its discretion grant an extension of time for service." See Giacomo-Tano v. Levine, 199 F.3d 1327, *1 (4th Cir. 1999) (Table) (citations omitted). If a plaintiff requests an extension of time after the expiration of the 120 day limitation period, he must also show that he "failed to act because of excusable neglect." Fed. R. Civ. P. 6(b)(1)(B). "Excusable neglect is not easily demonstrated." Martinez v. United States, 578 Fed. App'x 192, 194 (4th Cir. 2014) (quoting Thompson v. E.I. DuPont de Nemours & Co., Inc., 76 F.3d 530, 533 (4th Cir. 1996) (internal quotation marks omitted). The Fourth Circuit "ha[s] held that `a party that fails to act with diligence will be unable to establish that [her] conduct constituted excusable neglect.'" Id. (quoting Robinson v. Wix Filtration Corp., LLC, 599 F.3d 403, 413 (4th Cir. 2010)).
Plaintiff has failed to make a showing of good cause or excusable neglect and has offered no explanation or reason as to why she failed to serve Defendants with a copy of the Summons and Complaint within the time prescribed by Rule 4(m). Therefore, this case is DISMISSED without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure.
IT IS SO ORDERED.