IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVONTAE AMARRI WHEELER, No. 76954 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MICHELLE FgLEW LEAVITT, DISTRICT JUDGE, Respondents, NOV 1 5 '11 and (;;ZIZE THE STATE OF NEVADA, BY WEPUTY Real Party in Interest.

ORDER DENYING PETITION This is a petition for a writ of mandamus or prohibition challenging the district court's order denying a pretrial petition for a writ of habeas corpus. We conclude that our intervention by extraordinary writ is not warranted. See NRS 34.160; NRS 34.170; NRS 34.320; NRS 34.330; see also Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (recognizing that a petitioner bears the burden of demonstrating that extraordinary relief is warranted); Ostman v. Eighth Judicial Dist. Court, 107 Nev. 563, 816 P.2d 458 (1991) (recognizing that the prosecutor has a duty to present the grand jury with evidence which will explain away the charge); Kussman v. Eighth Judicial Dist. Court, 96 Nev. 544, 545-46, 612

SUPREME COURT OF NEVADA sp. cteq4/00 (0) 1947A P.2d 679, 680 (1980) (disfavoring review of a pretrial probable cause determination through an original writ proceeding). Accordingly, we ORDER the petition DENIED.

Parraguirre

AntA-L-c Stiglich J.

cc: Hon. Michelle Leavitt, District Judge James J. Ruggeroli Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A e