IN THE SUPREME COURT OF THE STATE OF NEVADA

BRANDON SMITH-MCIVER, No. 71240 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MICHELLE OCT 0 4 2016 LEAVITT, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION This is an original petition for a writ of mandamus, or alternatively, writ of prohibition. Petitioner Brandon Smith-McIver argues that the district court acted arbitrarily and capriciously in granting the State's motion for compulsory psychiatric evaluation of McIver without limiting the State's experts to the same method of evaluation performed by the defense's expert. We decline to exercise our original jurisdiction at this time. See NRS 34.160; NRS 34.170; NRS 34.320; NRS 34.330.

Accordingly, we ORDER the petition DENIED.

SUPREME COURT OF NEVADA

(0) 1947A cc: Hon. Michelle Leavitt, District Judge Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk