§ 8.01-692.When in forma pauperis status denied.

This section builds a record-keeping penalty into the fee-waiver process. A prisoner who has already had three or more cases or appeals thrown out as frivolous, malicious, or for failing to state a claim loses the ability to proceed without paying. The count is not limited to Virginia courts — a dismissal from any federal or state court counts as a strike, so a prisoner’s litigation history anywhere works against him here.

Both cases and appeals count, and the disqualifying dismissals are the ones courts hand out to weed out meritless filings, not dismissals on the merits after a full hearing. Three of those and the court must deny in forma pauperis status going forward.

The rule has two safety valves. A prisoner with three strikes can still get fee-waiver status if he shows he was in imminent danger of serious physical injury at the time he filed his motion for judgment, or if the court concludes that denying the waiver would work a manifest injustice. Denial of in forma pauperis status does not close the courthouse door outright — it just means the prisoner has to pay the filing fee and costs like anyone else who wants to sue.