The actor faces six new felony counts for lying to law enforcement.
Instead, the actor will focus on “bringing truth to the world.”
The disgraced star is no longer attached to the series.
The ruling was handed down on Friday, months after the initial charges were dismissed.
FOX had renewed Smollett’s contract for season six and kept the door open for his possible return.
“… At this time there are no plans for the character of Jamal to return…”
Added the comedian, “You ain’t getting no respect from me!”
The Empire actor had been accused of lying to police about being the victim of a hate crime.
If convicted of all charges, the Empire actor could face up to 64 years in prison.
The 36-year-old Empire actor is accused of lying to police and filing a false police report.
As filming commences in Chicago, FOX has issued a statement cut ties with the troubled actor.
A newly filed bond proffer reveals the lengths to which Smollett went to allegedly stage his attack.