CORRESP 1 filename1.htm Acceleration Request


November 25, 2009


U.S. Securities and Exchange Commission

Division of Corporation Finance

100 F Street, N.E.

Washington, D.C. 20549


Attention: Sebastian Gomez Abero
   Division of Corporation Finance


  Re: Opexa Therapeutics, Inc.
     Post-Effective Amendment No. 2 to
     Registration Statement on Form S-3
     File No. 333-147167

Ladies and Gentlemen:

Pursuant to Rule 461 of Regulation C under the Securities Act of 1933, as amended, Opexa Therapeutics, Inc. (the “Registrant”) hereby requests that the effective date of the above-captioned post-effective amendment no. 2 to registration statement on Form S-3 (as amended, the “Registration Statement”) be accelerated so that the Registration Statement will be declared effective at 4:00 P.M., Eastern Time on December 1, 2009 or as soon thereafter as may be practicable.

The Registrant acknowledges that:



should the Commission or the staff, acting pursuant to delegated authority, declare the filing effective, it does not foreclose the Commission from taking any action with respect to the filing;



the action of the Commission or the staff, acting pursuant to delegated authority, in declaring the filing effective, does not relieve the Registrant from its full responsibility for the adequacy and accuracy of the disclosure in the filing; and



the Registrant may not assert staff comments and the declaration of effectiveness as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States.



/s/ Neil K. Warma

Neil K. Warma

President and Chief Executive Officer


cc: Pillsbury Winthrop Shaw Pittman LLP