Darulis

Mark Darulis, representing his deceased father, William Darulis, appeals pro se from the district court’s judgment of dismissal of this diversity action. Darulis also challenges the district court’s order denying his motion for costs of service of process pursuant to Federal Rule of Civil Procedure 4(d). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the dismissal but reverse the denial of Darulis’ motion for costs and remand for an award of costs.

I.

On January 21, 2000, Darulis, a resident of California, was arrested by a member of the San Francisco Police Department and subsequently incarcerated. He contends that as a result, his father, an Ohio resi dent, “became distressed, which led to a heart attack” and his eventual death on May 8, 2000.

Darulis submitted the required government tort claim to the City and County of San Francisco on July 19, 2000, which was rejected on September 14, 2000. On March 12, 2001, Darulis filed a wrongful death complaint in the San Francisco Superior Court, but later abandoned this action. Over a year later, on May 7, 2002, he filed a complaint in the United States District Court for the Northern District of California which,…