The disgraced star is no longer attached to the series.
Smollett had rope around his neck when police first responded to his 911 call.
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…”
Disgraced Empire actor had a week to reimburse the city $130,000, and he failed to pay up.
Added the comedian, “You ain’t getting no respect from me!”
That’s the price it cost the city to conduct an investigation into Smollett’s “false statements to police.”
The decision by Chicago prosecutors to drop all charges against Jussie Smollett has elicited bipartisan outrage.
The decision by Chicago prosecutors to drop charges against Smollett isn’t sitting well with Emanuel.
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.