Page:United States Statutes at Large Volume 110 Part 2.djvu/221

 PUBLIC LAW 104-134—APR. 26, 1996 110 STAT. 1321-74 "(3) In no event shall the filing fee collected exceed the amount of fees permitted by statute for the commencement of a civil action or an appeal of a civil action or criminal judgment. "(4) In no event shall a prisoner be prohibited from bringing a civil action or appealing a civil or criminal judgment for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee."; (4) in subsection (c), as redesignated by paragraph (2), by striking "subsection (a) of this section" and inserting "subsections (a) and (b) and the prepayment of any partial filing fee as may be required under subsection (b)"; and (5) by amending subsection (e), as redesignated by paragraph (2), to read as follows: "(e)(1) The court may request an attorney to represent any person unable to afford counsel. "(2) Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that— "(A) the allegation of poverty is untrue; or "(B) the action or appeal— "(i) is frivolous or malicious; "(ii) fails to state a claim on which relief may be granted; or "(iii) seeks monetary relief against a defendant who is immune from such relief.". (b) EXCEPTION TO DISCHARGE OF DEBT IN BANKRUPTCY PROCEEDING.— Section 523(a) of title 11, United States Code, is amended— (1) in paragraph (16), by striking the period at the end and inserting "; or"; and (2) by adding at the end the following new paragraph: "(17) for a fee imposed by a court for the filing of a case, motion, complaint, or appeal, or for other costs and expenses assessed with respect to such filing, regardless of an assertion of poverty by the debtor under section 1915(b) or (f) of title 28, or the debtor's status as a prisoner, as defined in section 1915(h) of title 28.". (c) COSTS.—Section 1915(f) of title 28, United States Code (as redesignated by subsection (a)(2)), is amended— (1) by striking "(f) Judgment" and inserting "(f)(1) Judgment"; (2) by striking "cases" and inserting "proceedings"; and (3) by adding at the end the following new paragraph: "(2)(A) If the judgment against a prisoner includes the payment of costs under this subsection, the prisoner shall be required to pay the full amount of the costs ordered. "(B) The prisoner shall be required to make payments for costs under this subsection in the same manner as is provided for filing fees under subsection (a)(2). "(C) In no event shall the costs collected exceed the amount of the costs ordered by the court.". (d) SUCCESSIVE CLAIMS.— Section 1915 of title 28, United States Code, is amended by adding at the end the following new subsection: "(g) In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court

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