On the basis that there was zero reason to detain a retired Marine and commit him to a medical facility for psychiatric evaluation, a Virginia judge has demanded that Brandon Raub be released from custody immediately.

Raub, 26, had his home visited one week earlier by FBI, Secret Service and local law enforcement agents who expressed concern over a series of Facebook posts he had made on his public social networking profile. They detained him without charge and admitted him to a local hospital for evaluation.

"The petition is so devoid of any factual allegations that it could not be reasonably expected to give rise to a case or controversy," reads a signed statement by Circuit Judge W. Allan Sharrett, which was provided to the Richmond Times-Dispatch Thursday afternoon.