No. 03-16580

401 F.3d 1060 William DARULIS, ESTATE OF; Mark Darulis, in representative capacity, Plaintiffs-Appellants, v. GARATE, San Francisco Police Officer # 902; Smith,-# 1531; Leach, Lieutenant # 614; City and County of San Francisco, District Attorney's Family Support Bureau, Defendants-Appellees. No. 03-16580. United States Court of Appeals, Ninth Circuit. Submitted February 11, 2005. * Filed March 22, 2005. Mark Darulis, plaintiff-appellant, pro se, Millbrae, CA. Brian Gearinger, Deputy City Attorney, San Francisco, CA, for the defendants-appellees. Appeal from the United States District Court for the Northern District of California, Vaughn R. Walker, District Judge, Presiding. D.C. No. CV-02-02194-VRW. Before WALLACE, RAWLINSON, and BYBEE, Circuit Judges. WALLACE, Senior Circuit Judge. 1 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…