Item 8.01. Other Events.

On January 15, 2013, Opexa Therapeutics, Inc. (the "Company") issued a press release announcing that it had received a letter from The NASDAQ Stock Market LLC ("NASDAQ") notifying the Company that it had regained compliance with NASDAQ Marketplace Rule 5550(a)(2), as the closing bid price of the Company's common stock had been at or above $1.00 per share for at least ten consecutive trading days as of December 31, 2012. The letter further stated that this matter, which had been previously communicated to the Company in NASDAQ's noncompliance notice dated February 10, 2012, is now closed. A copy of the press release is attached hereto as Exhibit 99.1.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits

The following exhibit is filed as a part of this Form 8-K:

Exhibit No. Description

99.1 Press Release issued by Opexa Therapeutics, Inc. on January 15, 2013.

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