Jussie Smollett is ''grateful'' for his fans amid allegations he staged a racist and homophobic attack on himself.

The 'Empire' star has been accused of having orchestrated a racist and homophobic attack on himself back in January, and although he had the case against him dropped in March, a Chicago judge recently ordered a special prosecutor to be appointed to review the way the case was handled, meaning he may still be prosecuted.

And on Friday (21.06.19), Jussie celebrated his 37th birthday by sending a message to his fans, saying he was ''grateful'' for the love he is being sent, and insisting he was ''still smiling''.

Posting a baby picture of himself, Jussie wrote: ''Grateful for LOVE. Grateful for y'all. Grateful for another year around the sun. #SummerSolstice #StillSmiling (sic)''

The post comes just days after a judge revealed the case into Jussie's alleged attack hoax would be investigated.

The judge said in his order: ''If reasonable grounds exist to further prosecute Smollett, in the interest of justice the special prosecutor may take such action.''

According to reports at the time, the judge also said ''unprecedented irregularities identified in this case'' warrants the appointment of a special prosecutor.

Jussie was previously indicted on 16 felony counts of lying to police, after he alleged he was attacked by two men who beat him and put a rope around his next while yelling racial and homophobic slurs.

The actor had all charges against him dropped in March, but the decision prompted the City of Chicago to demand he hand over a whopping $130,000 to compensate for the overtime pay for police who investigated his case.

In April, after he refused to pay, the City decided to file a lawsuit against him, which could see him face a trial for allegedly staging the attack.