IN THE SUPREME COURT OF THE STATE OF NEVADA

THE STATE OF NEVADA No. 67423 DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF PUBLIC AND BEHAVIORAL HEALTH, Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILED IN AND FOR THE COUNTY OF JAN 2 2 2016 CLARK; AND THE HONORABLE TRACIE K UNDEMAN DOUGLAS SMITH, DISTRICT JUDGE, CLERK OF SUPREME COURT By • Respondents, OEPUT CLERK and SAMANTHA INC., D/B/A SAMANTHA'S REMEDIES, A DOMESTIC CORPORATION, Real Parties in Interest.

ORDER DENYING PETITION This is an original petition for a writ of mandamus or prohibition challenging a district court order denying a motion to dismiss a petition for judicial review of the denial of an application to operate a medical marijuana dispensary. Having considered the petition, answer, reply, and oral argument, we conclude that this court's intervention by way of extraordinary relief is not warranted at this time. See Smith v. Eighth Judicial Din, Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991)

SUPREME COURT OF NEVADA (0) 1947A e 140-02320 (providing that it is within this court's discretion whether to consider a writ petition). Accordingly, we deny the petition.

It is so ORDERED.'

, C.J.

Parraguirre

Hardesty

J.

Saitta

Gibbons

cc: Hon. Douglas Smith, District Judge Attorney General/Carson City Attorney General/Las Vegas Cooper Levenson, P.A.

Eighth District Court Clerk

'The motion for supplemental briefing filed on December 7, 2015, is denied as moot.

SUPREME COURT OF NEVADA

0)) 194Th e