The following excerpt is from Marts v. Swinney, 978 F.2d 1265 (9th Cir. 1992):
3 Marts also contends that the magistrate judge erred by failing to recuse himself. This contention is meritless. The standard for recusal is "whether a reasonable person with knowledge of all of the facts would conclude that the judge's impartiality might reasonably be questioned." United States v. Nelson, 718 F.2d 315, 321 (9th Cir.1983). Here, Marts alleges that had the magistrate judge read his pleadings, the outcome of the case would have been different. This allegation does not establish that a reasonable person would question the judge's impartiality. Thus, Marts has failed to show that the magistrate judge was biased or prejudiced against him.
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