Item 2.02 Results of Operations and Financial Condition.

On January 31, 2013, Comstock Mining Inc. (the "Company") announced the Company's 2012 fourth quarter revenues, costs, production updates and the Company's 2013 outlook.

A copy of the press release is attached as Exhibit 99.1 to this Form 8-K. This Form 8-K and Exhibit 99.1 are each being furnished to the Securities and Exchange Commission (the "SEC") pursuant to Item 2.02 of Form 8-K and are therefore not to be considered "filed" with the SEC.