McConnell v. State, 125 Nev. 243, 249 n.5, 212 P.3d 307, 311 n.5 (2009) (observing that post-conviction petitioner was not left without remedy for his challenge to lethal injection protocol because Supreme Court in Hill v. McDonough, 547 U.S. 573 (2006), made clear that "a challenge to lethal injection protocol may be brought in an action under 42 U.S.C. § 1983").

Accordingly, we deny the petition. See NRAP 21(b).

It is so ORDERED.'

J.

J.

Parraguirre

CHERRY, J., dissenting: I would grant the petition and allow discovery regarding lethal injections and protocols. I would also grant the motion for a stay pending completion of the proposed discovery.

0\sut J.

Cherry

'In light of our order, we deny petitioner's emergency motion for a stay of the district court proceedings filed on July 22, 2013.

SUPREME COURT OF NEVADA (0) 1947A cc: Hon. Stefany Miley, District Judge Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COUFtT OF NEVADA (0) 1947A

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