DAVID NORTON, District Judge
This 42 U.S.C § 1983 ("§ 1983") action is before the court on the magistrate judge's recommendation that plaintiffs Complaint be summarily dismissed. This record includes a Report and Recommendation of the United States Magistrate Judge made in accordance with 28 U.S.C. § 636 (b)(1)(B).
After carefully reviewing plaintiffs Objections, this court adopts the Report and Recommendation in whole. Further, in addition to the reasons stated by the magistrate judge in his Report and Recommendation, it appears that plaintiffs claim is barred by the applicable statute of limitations. In determining the proper statute of limitations in a § 1983 claim, the Supreme Court has found that the federal court should adopt the state law statute of limitations for personal injury. Wilson v. Garcia, 471 U.S. 261, 276 (1985). In South Carolina, a claim for personal injury "must be commenced within three years after the person knew or by the exercise of reasonable diligence should have known that he had a cause of action." S.C. Code Ann. § 15-3-535 (West 2002).
In this case, the facts upon which plaintiff is suing defendants occurred on April 5-6, 1999. Plaintiff did not file his Complaint in this court until April 9, 2002, over three years after the alleged wrongful acts occurred. Plaintiffs claim is therefore barred by the applicable three-year statute of limitations. It is therefore ORDERED that plaintiff's claim be DISMISSED with prejudice.
AND IT IS SO ORDERED.