What is the test for a federal court to rule on the facts of a motion brought by a plaintiff in a civil case?

^8. Cullen, 131 S.Ct. at 1402 n.12 citing People v. Duvall, 9 Cal. 4th 464, 474, 37 Cal. Rptr. 2d 259 (1995). If, however, the federal court found the facts as stated palpably incredible, the decision would be made without any presumption of correctness as to those facts. Id. This proposition is not in dispute. As petitioner briefs, a ruling on the facts presented by a petitioner means: (1) factual allegations (but not conclusory allegations) were accurate; (2) factual disputes presented by respondent, if any, were resolved in petitioner's favor; (3) reasonably specific factual proffers constitute facts. Also, reasonable factual inferences (as opposed to speculative ones) are drawn in favor of petitioner. See Petitioner's Supplemental Briefing at 30.

^9.Petitioner may well have supplemented facts presented to the state courts on a factual matter.