ORDER GRANTING MOTION TO AMEND AND DIRECTING SERVICE
KAREN E. SCHREIER, District Judge.
Plaintiff, Kevin Christopher Micheal Tripp, is an inmate at the South Dakota State Penitentiary in Sioux Falls. On June 1, 2017, Tripp filed a pro se complaint under 42 U.S.C. § 1983 raising three claims. Docket 1. The court screened Tripp's complaint and found that he stated a claim against Robert Vestlie for deliberate indifference to Tripp's serious medical needs in violation of the Eighth Amendment and that Tripp stated a claim against Arthur Allcock and Jennifer Dreske under the Equal Protection Clause of the Fourteenth Amendment. Docket 7. The court dismissed Tripp's second Eighth Amendment claim because he did not allege that a specific defendant denied his bottom tier order request. Id. at 4. The court found that Tripp failed to state a claim against Dr. Regier but granted Tripp leave to amend his complaint if he wished. Id. at 7.
On June 28, 2017, Tripp filed an amended complaint. Docket 9. Because the court granted Tripp leave to amend his complaint, the court construes his amended complaint to include a motion to amend his original complaint. This motion is granted. The court will now screen the alterations in Tripp's amended complaint under 28 U.S.C. § 1915A.
The only significant changes in Tripp's amended complaint are to Count I, the claim the court dismissed because Tripp failed to allege any action on the part of the named defendants. He alleges the same facts in his amended complaint as he did in his original complaint: using steps causes him extreme pain, and he sought an order so that he would be housed on the bottom tier of the prison. Docket 9 at 5. In his amended complaint, Tripp alleges that Dr. Eugene Regier, Tammy Top, Allcock, and Dreske all refused to issue a bottom tier order. Id. The court finds that Tripp states a claim in his amended complaint against Regier, Top, Allcock and Dreske.
Thus, it is ORDERED